FREQUENTLY ASKED QUESTIONS
The answers, in plain English.
These questions and answers summarise how Whipcream works commercially, technically and legally, for prospective and existing business customers. Every answer points to the clause of the Terms & Conditions, the Data Processing Agreement or the Privacy Policy that governs it. This document is a summary only, and it does not vary those documents.
Whipcream Ltd · Company no. 16958944
Business customers only · Free Trial · Whip Smart · Whip Max · Whip Ultra
GOVERNING LAW
England and Wales
Summary document, not contractual
1 How to use this document
This document answers the questions we are asked most often about the Whipcream platform, our commercial terms, and how we handle data. It is written for procurement, legal, finance, security and data protection reviewers, as well as for the teams that will use the product.
Each answer cites the governing provision. Where an answer and the cited provision differ, the cited provision applies. The order of precedence between our contract documents is set out in clause 3.2 of the Terms & Conditions.
Capitalised terms have the meaning given in clause 2 of the Terms & Conditions. References to "the Terms" are to the Whipcream Terms & Conditions version 1.0, references to "the DPA" are to the Whipcream Data Processing Agreement version 1.0, and references to "the Privacy Policy" are to the Whipcream Privacy Policy version 1.0.
THIS DOCUMENT IS A SUMMARY
Nothing in these answers creates a right or an obligation, varies the Agreement, or overrides a signed Enterprise Agreement or Order Form. Where you need a binding commitment, for example on uptime, response times, security or liability, it must be recorded in an Enterprise Agreement or Order Form signed by both parties, as clause 3.4 of the Terms provides.
2 The platform and who it is for
What is Whipcream?
Whipcream is an agentic revenue intelligence platform. It connects to the billing, CRM and analytics sources you already use, analyses the data, and produces insights, diagnostics, recommendations and a composite Revenue Health Score. Where you enable it, software agents can also propose and perform actions.
Source · Terms, clause 2 definitions of Platform, Agent and Output
Can individuals or consumers buy it?
No. The Services are offered exclusively to businesses, organisations and professional users acting in the course of a trade, business, craft or profession, and must not be used for personal, household or domestic purposes. Every Authorised User must be at least 18 years old.
Source · Terms, clauses 4.1 and 4.2
Which plans are available?
Four tiers are currently marketed: a Free Trial, then Whip Smart, Whip Max and Whip Ultra. Features, usage allowances and prices are those published on whipcream.io, shown on the subscription page in the product, or set out in an Order Form.
Source · Terms, clauses 1.5 and 6.2
Can a competitor sign up to evaluate the product?
Not without our written agreement. Access for the purpose of evaluating, benchmarking or replicating the Services, whether directly or on behalf of a competitor, is not permitted.
Source · Terms, clause 4.3
Do our own purchase order terms apply?
No. The Terms apply to the exclusion of any terms a customer seeks to impose through a purchase order, vendor portal or supplier questionnaire, unless we accept them in writing and an authorised signatory signs. A purchase order or vendor onboarding form does not vary the Agreement.
Source · Terms, clauses 1.4 and 3.3
3 Accounts, users and access
How is access licensed?
Access is licensed per Authorised User, or in line with the user, workspace and usage allowances of your plan. Login credentials are personal to the individual they are issued to.
Source · Terms, clause 5.2
Can we share a login between colleagues?
No. Credentials, API keys, tokens and session data must not be shared, sold, transferred or published. They may be reassigned when someone leaves or changes role, but must never be used concurrently by more than one individual.
Source · Terms, clauses 5.3 and 12.3
Who is responsible for activity in our account?
You are, whether or not you authorised it, except to the extent the activity results from our breach of the Agreement or our negligence. You are also responsible for the acts and omissions of your Authorised Users, Affiliates and contractors.
Source · Terms, clauses 5.4 and 16.3
What must we do if credentials are compromised?
Tell us at support@whipcream.io without undue delay, and in any event within 24 hours of becoming aware, then cooperate with containment measures such as credential rotation and temporary suspension.
Source · Terms, clauses 5.6 and 23.2, and DPA, section 11.5
Can Whipcream force a password or key rotation?
Yes, where we reasonably consider it necessary to protect the security or integrity of the Services, of your organisation, or of other customers. We may also disable a specific user, integration or API key.
Source · Terms, clause 5.7
4 Free trial
How long is the trial and does it need a card?
The trial is 7 days, or the period stated at sign-up. A valid payment method is required to start it, unless we say otherwise at sign-up.
Source · Terms, clauses 7.1 and 7.2
THE TRIAL CONVERTS AUTOMATICALLY
Unless you cancel before the trial ends, it converts into a paid subscription and the Fees for the selected plan are charged to the payment method on file. You can cancel at any time during the trial at no charge, from account settings or by emailing support@whipcream.io. We aim to send a reminder one to two days before the end, but that reminder is a courtesy. If it is not sent or not delivered, for example because it is filtered, the conversion still stands and no refund is due. Source: Terms, clauses 7.2 and 7.3.
How many trials can our organisation take?
One, across the organisation and its group of Affiliates, unless we agree otherwise in writing. Creating duplicate accounts, using aliased or disposable email addresses, or otherwise circumventing eligibility controls is prohibited, and we may invoice for Services obtained through repeated trial abuse.
Source · Terms, clauses 7.4 and 7.5
5 Plans, fees and payment
When are Fees payable?
In advance, at the frequency stated at checkout or in the Order Form, without set-off, deduction or counterclaim except as required by law. Providing a payment method authorises us and our payment processor to charge it, including on automatic renewal.
Source · Terms, clauses 8.1 and 8.2
Are prices inclusive of VAT?
No. Fees are exclusive of VAT and other applicable taxes and duties, which are payable in addition. Where you are required by law to withhold an amount, you must gross up the payment, unless we can claim relief under a double taxation treaty and you provide the documentation needed.
Source · Terms, clause 8.4
What happens if we exceed our plan allowances?
Where usage materially and consistently exceeds the allowances, we will notify you and discuss the right plan in good faith. If you do not upgrade or reduce usage within 14 days of that notice, we may throttle the excess or charge for it at our then-current rates, having first given written notice of the charge.
Source · Terms, clause 6.3
What happens if a payment fails or an invoice is late?
We may re-attempt the charge on our standard retry schedule. If an undisputed amount is more than 7 days overdue we may suspend access on notice and charge interest at 8% per annum above the Bank of England base rate, accruing daily. Reasonable, documented recovery costs are also recoverable.
Source · Terms, clauses 8.5, 8.6 and 8.7
How do we dispute an invoice?
Notify us in writing within 14 days of the invoice date, giving your reasons and identifying the disputed amount. All undisputed amounts remain payable when due, and both parties will work to resolve the dispute promptly and in good faith.
Source · Terms, clause 8.8
Can we raise a chargeback with our bank?
Only after raising the matter with us at support@whipcream.io and allowing at least 10 Business Days to resolve it. A chargeback for Fees properly due, where the Services have been made available, is a breach of the Agreement, and reversed amounts become immediately payable together with the processor fees we actually incur.
Source · Terms, clauses 10.2, 10.3 and 10.4
Can prices change?
Yes, prospectively. A change to Fees does not take effect during a Subscription Term you have already paid for, and applies from the next renewal following at least 30 days’ notice.
Source · Terms, clause 6.4
6 Renewal, cancellation and refunds
Do subscriptions renew automatically?
Yes. Monthly plans renew monthly and annual plans renew annually, at the Fees then applicable, unless you cancel renewal or the Agreement is terminated.
Source · Terms, clause 9.1
How do we cancel?
At any time through account settings in the product, or by emailing support@whipcream.io. Cancellation takes effect at the end of the period already paid for, so it must be completed before the renewal date to avoid the next charge.
Source · Terms, clause 9.2
Do we get a pro-rata refund if we cancel mid-term?
No. Fees are charged for the whole Subscription Term, and cancelling part-way through does not entitle you to a refund or credit for the unused portion, nor cancel amounts already due. That does not affect your rights where we are in material breach, or any right that cannot lawfully be excluded.
Source · Terms, clause 9.4
Is there a money-back guarantee?
No general guarantee. We may, at our discretion and without creating a precedent, consider a refund of a first payment where the request is made within 14 days of it and relates to a genuine malfunction, an unresolved material technical issue, or a genuine misunderstanding at the point of purchase.
Source · Terms, clause 9.5
When is a refund actually due?
Where you lawfully terminate for our uncured material breach, we refund Fees prepaid for the period after termination takes effect. No refund is due where we terminate for your material breach, or where we suspend or terminate under clause 30 or clause 31.3.
Source · Terms, clause 9.6
7 Your data and who owns it
Who owns the data we connect?
You do. As between the parties you retain all right, title and interest in Customer Data, including the intellectual property in it, and we claim no ownership of it.
Source · Terms, clause 17.1
What may Whipcream do with it?
We hold a licence to host, store, process, analyse and display Customer Data only as far as needed to provide and maintain the Services, to secure them and investigate abuse, to provide the support you request, to generate Aggregated Data, and to comply with our legal obligations.
Source · Terms, clause 17.2
Is our data used to train AI models?
No, unless you expressly opt in. We do not use Customer Data to train foundation or general-purpose models for the benefit of third parties, and we contractually prohibit our AI model providers from using it to train theirs. We do process it to operate, secure, tune, evaluate and improve the Services for you.
Source · Terms, clause 17.4, and DPA, section 4.5
Is our data sold or shared?
No. Customer Data is not sold, and it is disclosed only to our subprocessors for the purposes above, where you instruct it, or where required by law or by a competent authority or court.
Source · Terms, clause 17.3
What is Aggregated Data, and could it identify us?
It is statistical information such as cohort benchmarks and performance distributions. We use or disclose it only once it is aggregated with data from other customers and processed so that it cannot reasonably identify your organisation, your users, any individual or your own customers, and we apply minimum aggregation thresholds. Your own Revenue Health Score is never disclosed to another customer without your prior written consent.
Source · Terms, clauses 18.2 and 18.3
Who owns feedback we give you?
We may use feedback freely, under a perpetual, worldwide, royalty-free licence, without attribution or compensation. That licence covers the suggestion itself, not your Customer Data, confidential information, business plans or intellectual property, even where those are described while giving the feedback.
Source · Terms, clause 18.5
Can we export our data?
Yes, using the export functionality in the product. Where no suitable export exists, we will provide a reasonable extract in a structured, commonly used, machine-readable format on written request made during the Subscription Term or within the retention period.
Source · Terms, clause 17.5, and DPA, section 13.1
8 The Revenue Health Score
What is the Score, and what is it not?
It is a proprietary composite indicator built from signals in your data, from cohort and benchmark information, and from our own research, and it is an aid to management judgement. It is not an audit, review or assurance engagement, not a valuation, credit rating or solvency opinion, not a certification of your data, and not a regulated financial, investment, accounting or actuarial opinion.
Source · Terms, clauses 14.1 and 14.2
Is the underlying data verified?
No. We do not verify, audit or reconcile Customer Data or data retrieved from a Third-Party Service, and we do not warrant that it is complete, accurate or free from manipulation. Responsibility for source data integrity sits with you.
Source · Terms, clause 14.3
Will scores stay comparable over time?
Not necessarily. Components, weightings, signals and benchmarks change as the methodology improves, so scores produced at different times or under different versions may not be directly comparable. We use reasonable endeavours to flag materially significant methodology changes in the product.
Source · Terms, clause 14.4
Can we show the Score to an investor or a lender?
Yes, on a confidential basis, alongside your professional advisers and prospective acquirers, and you may include Outputs in internal reporting and board materials. You must not remove attribution, present Outputs as an independent audit, assurance, valuation or verification, or distribute them systematically, commercially or publicly, and you must not represent that we have verified or endorsed your data or performance.
Source · Terms, clauses 11.3 and 14.6
9 AI outputs and agents
How should Outputs be treated?
As decision support, not as decisions. Outputs are generated automatically and probabilistically, may contain errors, omissions and incorrect inferences, and may vary between runs even on unchanged inputs. A competent person must review them independently before they are relied on, particularly where a decision has financial, legal, employment or regulatory consequences.
Source · Terms, clause 15.2
Is Whipcream giving us professional advice?
No. We are not a financial, investment, legal, tax, accounting, audit or employment adviser, we are not authorised or regulated by the Financial Conduct Authority, and nothing in the Services is advice or a personal recommendation. You remain solely responsible for your commercial, financial, pricing, operational and personnel decisions.
Source · Terms, clauses 15.3 and 15.4
Can Outputs be used for decisions about individuals?
Not as the sole or determinative basis. Outputs must not decide, alone, anything producing legal effects for an individual or similarly significantly affecting them, including employment, recruitment, promotion, dismissal, pay, creditworthiness, insurance or access to essential services. Where Outputs feed into such a decision, you must ensure meaningful human review and comply with data protection and AI law in your own right.
Source · Terms, clause 15.5, and Privacy Policy, section 6.3
What can agents actually do?
They analyse data and propose actions, and they perform actions in the Platform or in a connected Third-Party Service only where you have expressly enabled that functionality. You control the scope of permissions granted and may narrow or withdraw them at any time, in the product or in the third-party service.
Source · Terms, clause 15.6
Who is responsible for what an agent does?
Actions performed within the scope you authorised are treated as your actions, except to the extent an action results from our breach or negligence. We keep a record of automated actions taken through the Services and make it available to you in the product.
Source · Terms, clause 15.7
Can the underlying models change?
Yes. We may change models, model providers, prompts, agent workflows, guardrails and orchestration at any time, subject to the change-control rules in clause 26, and we do not warrant that any particular model, provider or configuration will be used or maintained.
Source · Terms, clause 15.8
Are Outputs unique to us?
No. Similar or identical Outputs may be generated for other customers with similar data, and nothing in the Agreement restricts us from providing similar Outputs to anyone else.
Source · Terms, clause 15.9
10 Integrations and third-party services
Which sources can we connect?
Currently Stripe, HubSpot, Google Analytics and Mixpanel, connected by you through OAuth or an API key, together with data entered directly in the product. Further integrations are notified in the product and on the subprocessor page.
Source · Terms, clause 19.1, and DPA, Annex 1, section 18.6
Are those providers your subprocessors?
No. HubSpot, Google Analytics and Mixpanel are your own providers, under your own agreements, from which you instruct us to retrieve data. Our own subprocessors, including hosting, Stripe, AI model providers, PostHog and Langfuse, are listed in Annex 3 of the DPA and published at whipcream.io/subprocessors.
Source · DPA, sections 20.1 and 20.3
What if an integration breaks or a provider changes its API?
Third-party services may change rate limits, deprecate APIs, alter data structures, suffer outages or return incomplete data, and any of these may interrupt or distort the Services and the Outputs. We are not liable for a third-party service, provided we took reasonable care in selecting and integrating it and act with reasonable skill and care in responding. Where one ceases to be available, we will use reasonable endeavours to offer an alternative or workaround.
Source · Terms, clauses 19.3, 19.4 and 19.6
How much notice do we get before a subprocessor changes?
At least 30 days, by email to the account contact or by a subscribable notification on the subprocessor page. You may object on reasonable data protection grounds within that period, and if we cannot offer a commercially reasonable alternative within 30 days you may terminate the affected subscription and receive a refund of prepaid Fees for the period after termination. In an emergency, or where a provider is discontinued, we may act first and notify you as soon as reasonably practicable.
Source · DPA, sections 8.3, 8.4 and 8.6
11 Security and security incidents
What security measures are in place?
Encryption in transit and at rest, role-based and least-privilege access for our personnel, multi-factor authentication for administrative and production access, integration credentials and API keys stored in non-plaintext form, segregated production environments, logical separation between customers, logging and anomaly alerting, backups with tested restoration, change management, and a documented incident response process. Annex 2 of the DPA sets out the full list.
Source · Terms, clause 22.2, and DPA, Annex 2, section 19.1
Do you hold ISO 27001 or SOC 2?
Not currently. We make no representation that we hold any certification other than those we expressly publish. We do provide our DPA and annexes, our subprocessor list, our security documentation and responses to a reasonable security questionnaire.
Source · DPA, sections 19.2 and 14.2
Do you guarantee that data cannot be compromised?
No, and no provider honestly can. No system is completely secure. Our obligation is to exercise reasonable skill and care and to maintain the measures described, not to guarantee an outcome.
Source · Terms, clause 22.3, and Privacy Policy, section 11.3
How quickly are we told about an incident?
For a Security Incident affecting Customer Data in systems under our control, without undue delay. Where the incident involves personal data, the DPA applies and sets a maximum of 48 hours from becoming aware, with information provided in phases if it is not all available at once. We also notify the Information Commissioner’s Office within 72 hours where a breach is reportable.
Source · Terms, clause 23.1, DPA, sections 11.1 and 11.2, and Privacy Policy, section 11.4
Who carries responsibility for an incident?
Responsibility follows cause. We are not responsible for incidents arising from compromise or misuse of your credentials, from your own systems, identity provider or personnel, from your configuration of the Services or an integration, from a third-party service, or from your failure to apply available measures such as multi-factor authentication. That allocation does not limit our liability where the cause is our own breach, negligence, wilful misconduct or breach of data protection law.
Source · Terms, clauses 23.3 and 23.5
Can we run a penetration test?
Only with our prior written authorisation and within the scope we specify. Unauthorised probing, scanning, vulnerability testing or red-teaming is prohibited. Suspected vulnerabilities can be reported in good faith to info@whipcream.io under our responsible disclosure process, which does not by itself authorise testing.
Source · Terms, clauses 12.4 and 13.7
Can either party name the other publicly after an incident?
No. Neither party may make a public statement attributing an incident to the other without prior written consent, unless required by law or by a regulator. This does not restrict your own regulatory notifications or your communications with affected individuals.
Source · Terms, clause 23.6, and DPA, section 11.6
12 Data protection and UK GDPR
Which party is controller and which is processor?
For personal data inside Customer Data, you are the controller and we are the processor, and the DPA governs that processing. We are an independent controller for account registration data, billing data, support correspondence, and platform usage, security and telemetry data, and the Privacy Policy governs that.
Source · Terms, clauses 24.2 and 24.3, and DPA, sections 3.1 and 15.1
Do we need to sign the DPA?
No signature is needed. The DPA applies automatically from the date you accept the Agreement, and it prevails over the Terms on matters of personal data processing. You may request a countersigned copy at info@whipcream.io.
Source · DPA, sections 1.4 and 1.5, and Terms, clause 3.2(c)
What counts as our documented instructions?
The Agreement, the DPA including Annex 1, and your own use and configuration of the Services, meaning the sources you connect, the features you enable and the agentic actions you authorise. Additional instructions need written agreement and may attract a reasonable charge.
Source · DPA, section 4.2
Which categories of data must not be connected?
Special category personal data under Article 9 UK GDPR, criminal offence data under Article 10, full payment card numbers, health data and children’s data, unless additional safeguards are agreed in writing. The Services are not designed for those categories and Annex 1 records them as out of scope.
Source · DPA, section 4.7, and Terms, clause 24.5
Where is data processed, and how are transfers protected?
Primarily in the United Kingdom and the European Economic Area, with some subprocessors elsewhere, including the United States. Restricted transfers rely on an adequacy decision, or on the EU Standard Contractual Clauses with the UK Addendum, completed as set out in Annex 4, plus any measures a transfer risk assessment identifies. We document a transfer risk assessment for each restricted transfer and make it available on reasonable request.
Source · DPA, sections 12.1 to 12.7
How are individual rights requests handled?
Use the self-service functionality in the Services in the first instance to access, correct, export and delete data. If an individual contacts us directly about your data, we do not respond substantively and forward the request to you without undue delay, unless we are legally required to respond. We provide reasonable assistance beyond self-service, and may charge a reasonable, pre-notified fee where a request is disproportionate or repetitive.
Source · DPA, sections 9.1 to 9.4, and Privacy Policy, section 12.11
Can we audit Whipcream?
Yes, on terms. The obligation is met in the first instance by the DPA and its annexes, the subprocessor list, security documentation, questionnaire responses and any certification we hold. Where that is insufficient, or following a personal data breach, you may audit no more than once in any 12-month period on at least 30 days’ written notice, during business hours, without unreasonable disruption and subject to confidentiality, excluding other customers’ data and our source code. The auditor must not be a competitor, and you bear both parties’ reasonable costs unless the audit reveals a material breach by us.
Source · DPA, sections 14.2, 14.3 and 14.4
Is there a Data Protection Officer or an EU representative?
We have not appointed a Data Protection Officer, as we are not required to do so. Where an EU representative is required under Article 27 EU GDPR, the details are published in section 17.3 of the Privacy Policy.
Source · Privacy Policy, sections 17.2 and 17.3
What cookies do you use?
Strictly necessary technologies for authentication, session management, security and recording your cookie choice, plus functional, analytics and marketing categories that are set only with your consent. Our analytics providers currently include PostHog and, on the website, Google Analytics.
Source · Cookie Policy, sections 5 to 7, and Privacy Policy, sections 7.1 to 7.3
Can consent be withdrawn?
Yes, at any time, through the cookie settings link on whipcream.io, by clearing site cookies in your browser, or by emailing info@whipcream.io. Withdrawal does not affect the lawfulness of processing carried out before it, and it does not affect your subscription.
Source · Cookie Policy, sections 4.4 and 14.3
14 Support, availability and changes to the Services
Is there an uptime commitment?
Not by default. We use commercially reasonable endeavours to make the Services available and to perform them with reasonable skill and care, but unless an SLA is agreed in writing there is no committed uptime percentage and no service credits.
Source · Terms, clause 25.1
How does support work?
Standard support is by email at support@whipcream.io, from 9:00 to 18:00 UK time on Business Days, prioritised by severity. Whip Ultra customers may use ultrasupport@whipcream.io, where our current target is an initial response within 4 business hours during those hours. That is a service target, not a guarantee, and it is not a 24-hour or 24/7 commitment.
Source · Terms, clauses 25.3 and 25.4
What is outside the scope of support?
Your own systems, your data quality, integrations at the third-party end, bespoke development, and advice on your business decisions.
Source · Terms, clause 25.5
Can the product change during our term?
Yes, we develop it continuously. During a term you have paid for, we will not make a change that materially and adversely reduces the core functionality taken as a whole. Improvements, changes to the composition of the Revenue Health Score, and changes to underlying models, providers or infrastructure do not in themselves count as a material adverse reduction.
Source · Terms, clauses 26.1 and 26.2
What if a change does materially reduce functionality?
We give at least 30 days’ notice where practicable, and you may terminate the affected subscription by written notice within 30 days of the change or the notice, with a refund of Fees prepaid for the period after termination. That is the sole remedy for such a change. If we discontinue the Services entirely, we give 60 days’ notice and refund prepaid Fees for the period after they cease.
Source · Terms, clauses 26.3 and 26.4
When can Whipcream change something without notice?
Only where necessary to comply with law, to respond to a security threat or vulnerability, or to address a change imposed by a third-party service or model provider. We notify you of any such change that materially affects you as soon as reasonably practicable.
Source · Terms, clause 26.5
Can our access be suspended?
Yes, on defined grounds including a security risk, suspected fraud or unlawful activity, unpaid Fees after notice, breach of the licence, prohibited-use or warranty clauses, threats to platform integrity, threatened infringement of our technology, or a legal requirement. Suspension is limited in scope and duration to what is reasonably necessary, with notice and an opportunity to remedy unless that would risk harm, compromise security, expose other customers or prejudice an investigation.
Source · Terms, clauses 30.1 and 30.2
15 Ending the agreement, retention and deletion
When can either party terminate?
Either party may terminate on written notice for a material breach that is not remedied within 30 days of notice, for a material breach incapable of remedy, or on the other party’s insolvency. We may terminate immediately for breach of the licence, prohibited-use, technology-protection, confidentiality or sanctions clauses, for fraud or trial abuse, where use is unlawful or exposes us to regulatory risk, where a suspension has run for more than 30 days through your failure to remedy, or where Fees are more than 30 days overdue.
Source · Terms, clauses 31.2 and 31.3
What happens immediately on termination?
Licences end, except the perpetual licence to use Outputs already generated and lawfully retained, access must stop, outstanding Fees fall due immediately, and each party returns or destroys the other’s confidential information on request, subject to retention rules and legal holds.
Source · Terms, clauses 32.1 and 20.2
How long is data kept after termination?
Customer Data is retained in a reactivation-capable form for 30 days, during which you can export it or reactivate, and is then deleted or irreversibly anonymised within a further 30 days. You can request earlier deletion in writing at info@whipcream.io, and we will comply within 30 days, accepting that deletion may prevent continued provision of the Services.
Source · Terms, clauses 33.1, 33.2 and 33.4, and DPA, section 13.2
What is kept beyond that, and why?
Routine backups, overwritten on the standard cycle and in any event within 90 days of deletion from production and restored only for disaster recovery; security, access and audit logs for up to 12 months; billing, tax and accounting records for as long as the law requires; Aggregated Data; and anything subject to a legal hold or needed to establish, exercise or defend legal claims. Retained data stays subject to the DPA and to our confidentiality and security obligations, and is not processed for any other purpose.
Source · Terms, clause 33.3, and DPA, sections 13.3 and 13.4
Will you certify deletion?
Yes, in writing on request.
Source · Terms, clause 33.5, and DPA, section 13.5
16 Liability, disputes and governing law
How is liability capped?
Each party’s total aggregate liability is limited to the greater of 100% of the Fees paid or payable in the 12 months before the first event giving rise to the liability, and £1,000. For our breach of confidentiality or of the DPA and data protection law, our cap is 150% of that amount, inclusive rather than additional.
Source · Terms, clauses 29.4 and 29.6
What is excluded?
Neither party is liable, direct or indirect, for loss of profits, revenue, anticipated savings, business, contracts or opportunity, goodwill or reputation, loss or corruption of data beyond the reasonable cost of restoring from your own backups, wasted management time, or any indirect or consequential loss.
Source · Terms, clause 29.2
What sits outside the cap?
Your obligation to pay Fees, your indemnity, your breach of the licence, prohibited-use or technology-protection clauses or of confidentiality in respect of our technology and methodology, and either party’s wilful misconduct. Liability for death or personal injury caused by negligence, for fraud, and any liability that cannot lawfully be limited, is never excluded.
Source · Terms, clauses 29.1 and 29.5
Is there a time limit for bringing a claim?
Yes, 12 months from when the claimant first became aware, or ought reasonably to have become aware, of the facts giving rise to the claim, apart from claims for non-payment of Fees and claims that cannot lawfully be limited.
Source · Terms, clause 29.8
Do you indemnify us against IP claims?
Yes. We defend third-party claims that your use of the Services in accordance with the Agreement infringes copyright, database right, a registered trade mark or a UK or European patent, subject to the usual exclusions for your data, unlawful or non-conforming use, unauthorised combinations or modifications, third-party services, and use during a trial or otherwise free of charge.
Source · Terms, clauses 28.2 and 28.3
What law and which courts apply?
The laws of England and Wales govern the Agreement, and the courts of England and Wales have exclusive jurisdiction, without preventing either party from seeking interim or protective relief elsewhere. Before proceedings, other than for interim relief or unpaid Fees, both parties will use reasonable endeavours to resolve the dispute through senior escalation for 30 days. Where the EU Standard Contractual Clauses apply to a transfer, they are governed by the law and courts of the Republic of Ireland as recorded in Annex 4 of the DPA.
Source · Terms, clauses 37.1, 37.2 and 37.6, and DPA, sections 17.2 and 21.2
Can our name and logo be used in your marketing?
Only with your prior written consent, which you may withdraw on 30 days’ written notice, after which we remove your name and logo from materials within our reasonable control.
Source · Terms, clause 20.6
How are the Terms changed?
We publish an amended version with a new version number and effective date. Where a change is material and adverse we give at least 30 days’ notice by email to the account contact or by prominent notice in the product, and it takes effect at the start of your next Subscription Term after that notice. Changes are prospective only, and if you do not accept a material change you may cancel renewal before it takes effect.
Source · Terms, clauses 36.2, 36.3 and 36.4
17 Who to contact
Use the following contact points. Legal notices concerning termination or a claim must also be sent by post to the registered office, as clause 38.5 of the Terms requires.
A person answers.
Legal, procurement or security review — write to info@whipcream.io , or use the contact page.
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WHIPCREAM LTD 71-75 Shelton Street Covent Garden London WC2H 9JQ United Kingdom
Company No. 16958944
info@whipcream.io
