Welcome

Welcome to Whisper Secrets (the “App”), an anonymous social media platform operated by Orbyt LLC, a New York limited liability company (“Orbyt”, “we”, “us”, or “our”). These Terms of Use (“Terms”) govern your access to and use of the App. By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the App.

Your use of the App is also governed by our Privacy Policy, which explains how we collect and handle your information.

1. Acceptance of Terms

By accessing or using Whisper Secrets, you affirm that you have read, understood, and agree to be bound by these Terms, as well as any additional guidelines or rules incorporated by reference. These Terms constitute a binding agreement between you and Orbyt.

2. Eligibility

  • Age Requirement: Only users who are at least 18 years old are allowed to access and use this App. By using the App, you represent and warrant that you meet this minimum age requirement.
  • Legal Capacity: You must have the legal capacity to enter into a binding agreement in your jurisdiction.

3. Your Account

  • Anonymous Use: The App is designed to provide an anonymous social media experience. While registration details may be minimal, you remain responsible for all activities associated with your account.
  • Account Security: Your account is tied to your device (and, on Android, an anonymized sign-in) — there is no username or password. You are responsible for activity that occurs through your device and account, and for keeping your device secure. Notify us if you believe your account has been compromised.

4. User Conduct and Prohibited Content

To ensure a safe and respectful environment for all users, you agree to adhere to the following rules:

  • Adults only: you must be 18 or older to use the App.
  • No illegal content or activity, and nothing that could cause the App to be removed from the Apple App Store, Google Play, or similar platforms.
  • No sexual content or solicitation: no nudity, sexually explicit content, or soliciting sex or sexual content anywhere in the App, including After Dark; zero tolerance for any child sexual content; and no sending unsolicited sexual material to other users.
  • Sensitive topics (After Dark): Whisper After Dark is an opt-in space for sensitive or mature discussion — for example, seeking support or talking about difficult, adult, or potentially triggering topics that others may not want to see in the main feed. Post that kind of content in After Dark rather than the main feed. After Dark is not a place for sexual content or solicitation.
  • Respect others: no hate speech or discrimination (including on the basis of race, religion, sexual orientation, or sex); no harassment; no impersonating staff or others; and no posting other people’s private information, phone numbers, or images of real people without their consent.
  • No spam or commercial abuse: no advertising, solicitation of money, promotion or sale of illegal or counterfeit goods, external links, or promotion of outside social-media accounts in the public feed.
  • Don’t game the system: no interfering with the App or its staff, no malicious activity, and no using ad-blocking software to avoid the additional ads that result from ad credits.

Violations of these rules may result in actions including, but not limited to, content removal, temporary suspension, or permanent termination of your account.

5. Ad Credits

Ad credits are part of how we enforce these Terms. If you commit a minor violation — for example, a post that is reported and confirmed by our moderators — your account may receive ad credits, which cause you to see additional full-screen ads until they are worked off. Ad credits are a penalty, not a reward or a purchasable item: they have no monetary value, are not your property, and cannot be bought, sold, transferred, or redeemed for anything. We may change how ad credits work at any time.

6. User-Generated Content

  • Responsibility: You are solely responsible for any content you post on or through the App.
  • Rights Granted to Us: You retain ownership of your content. By posting content, you grant Orbyt LLC a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host, use, reproduce, display, and distribute your content in connection with operating and promoting the App.
  • Content Monitoring: While we do not monitor all user-generated content, we reserve the right to remove or restrict access to content that violates these Terms or is deemed harmful.

7. Use of Private In-House AI Moderation

To help keep Whisper Secrets safe and enforce these Terms, we use custom, offline, in-house, private artificial intelligence systems as part of our moderation process. These systems are designed and operated privately by us and may be used to review content, detect potential violations, and assist with moderation decisions.

Use of the App constitutes your acknowledgment that automated moderation tools may be used alongside human review to help identify content or behavior that may violate these Terms.

8. Intellectual Property

  • Ownership: All intellectual property rights in the App and its content are owned by or licensed to Orbyt.
  • Limited License: We grant you a limited, revocable, non-transferable license to access and use the App solely for personal, non-commercial purposes in accordance with these Terms.

9. App Stores

The App is distributed through the Apple App Store and Google Play, and your use is also subject to those stores’ terms. These Terms are between you and Orbyt, not Apple or Google. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Apple and Google have no obligation to provide maintenance or support for the App and no warranty responsibility, and are not responsible for addressing any claims relating to the App. You represent that you are not located in a country subject to a U.S. embargo and are not on any U.S. restricted-party list.

10. Termination

We reserve the right, at our sole discretion, to suspend or terminate your access to the App, without notice, for conduct that we believe violates these Terms, is harmful to other users, or is in violation of any applicable law.

On termination, your right to use the App ends. You may request deletion of your account and data as described in our Privacy Policy. Provisions that by their nature should survive — including the content license for content you already shared, disclaimers, limitation of liability, indemnification, and dispute resolution — survive termination.

11. Disclaimers and Limitation of Liability

  • No Warranty: The App is provided on an “as-is” and “as available” basis. We make no warranties, express or implied, regarding the App’s operation or the accuracy, reliability, or completeness of any information on the App.
  • Limitation of Liability: Orbyt is not liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the App. To the maximum extent permitted by law, Orbyt’s total liability for any claim relating to the App will not exceed one hundred U.S. dollars ($100). Nothing in these Terms limits liability that cannot be limited under applicable law.
  • Indemnification: You agree to indemnify and hold harmless Orbyt from any claims, losses, damages, liabilities, or expenses arising from your use of the App or your violation of these Terms.

12. Feedback

If you send us ideas or suggestions about the App, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose, with no obligation to you.

13. Governing Law and Dispute Resolution

  • Governing Law: These Terms are governed by the laws of the State of New York, USA, without regard to its conflict-of-laws rules.
  • Binding Arbitration & Class Waiver: Except for claims that qualify for small-claims court and requests for injunctive relief, any dispute arising out of or relating to these Terms or the App will be resolved by binding, individual arbitration seated in New York, New York. You and Orbyt waive any right to a jury trial and agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class or representative action.
  • Opt-Out: You may opt out of arbitration within 30 days of first accepting these Terms by emailing support@orbytgames.com. If you opt out, disputes will be resolved exclusively in the state or federal courts located in New York, New York.

14. Modifications to Terms

We may update these Terms from time to time. Any changes will be posted on the App, and your continued use of the App after such modifications constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.

15. General

These Terms and our Privacy Policy are the entire agreement between you and Orbyt regarding the App. If any provision is held unenforceable, the remaining provisions remain in effect. Orbyt may assign these Terms; you may not. Our failure to enforce a provision is not a waiver of it. We are not responsible for delays or failures caused by events beyond our reasonable control.

16. Contact Information

For any questions or concerns regarding these Terms, please contact us at:

  • Email: support@orbytgames.com

By using Whisper Secrets, you acknowledge that you have read, understood, and agree to these Terms of Use. Thank you for helping us maintain a respectful and safe community.