Last Updated: December 20, 2024
Welcome to Wisp, a desktop application developed by Newcomer Inc. These Terms of Service ("Terms") govern your use of Wisp ("Service"), including any updates, enhancements, or modifications. By downloading, installing, or using Wisp, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use Wisp.
By accessing or using Wisp, you agree to comply with and be legally bound by these Terms. Newcomer Inc. reserves the right to modify these Terms at any time. Continued use of Wisp after such changes constitutes your acceptance of the new Terms.
Company Name: Newcomer Inc.
Contact Email: jasonkappes656@gmail.com
Legal Structure: Delaware C Corporation
Wisp is a desktop application designed to facilitate language learning through interaction with video games. It assists users by providing translations, definitions, explanations, and pronunciations of in-game text. Users can engage with their target language in real-time, enhancing their learning experience.
Platform Compatibility: Wisp is available exclusively for Windows operating systems.
Age Restrictions: There are no minimum age requirements to use Wisp.
Geographical Restrictions: Wisp is available globally with no regional or country-based restrictions.
Optional Registration: Creating an account is optional. Users may choose to create an account to access additional features.
Credentials: No personal information is required to create an account. Users may optionally provide an email address.
Account Security: Users are not responsible for maintaining the security of their accounts, as no sensitive credentials are required.
Wisp collects usage information, specifically tracking how often users utilize "Wisps" to interact with in-game text. This data helps improve the Service and user experience.
Collected usage data is used to analyze and enhance the functionality of Wisp, ensuring it effectively supports language learning through video games.
All collected data is securely stored using Google Firebase services.
Wisp may share anonymized usage data with university researchers to gain insights into language learning methodologies and improve the Service.
Data Anonymization: All user data is anonymized to protect user privacy.
Data Deletion: Users can request the deletion of their account data by contacting jasonkappes656@gmail.com.
Wisp has the capability to capture screenshots of the active window under specific circumstances:
When Using Shine or Stream Wisp: Screenshots are taken only during the use of Shine or Stream Wisp features.
Users are informed about the screenshot functionality within the FAQ section of the application. By using these features, users consent to the screenshot operations as described.
Screenshots captured are transmitted securely to AI services for processing.
Ownership: Newcomer Inc. retains all rights, titles, and interests in and to Wisp, including all intellectual property rights.
User Content: Wisp does not support user-generated content (UGC). Therefore, no rights are retained by users, and Newcomer Inc. does not claim any rights over user content.
Users are permitted to use Wisp with any desktop applications, primarily focusing on video games to aid in language learning.
Users are prohibited from reverse engineering, decompiling, disassembling, or attempting to derive the source code of Wisp. Unauthorized distribution or modification of Wisp is strictly forbidden.
Wisp offers both free and paid subscription plans. Details of each plan, including features and limitations, are available within the application.
Paid subscriptions are billed on a monthly basis. Users will be charged automatically each month unless the subscription is canceled.
While users can cancel their subscriptions at any time, no refunds are provided for any subscription fees already paid.
Newcomer Inc. reserves the right to terminate a user's access to Wisp if the user violates these Terms. Termination may occur without prior notice.
Users will not receive notifications if their account is terminated. However, terminated users are permitted to create new accounts to continue using Wisp.
Wisp is provided "as is" without any warranties of any kind, either express or implied. Newcomer Inc. does not guarantee that Wisp will be error-free, secure, or uninterrupted.
To the fullest extent permitted by law, Newcomer Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses arising from your use of Wisp.
Users agree to indemnify, defend, and hold harmless Newcomer Inc., its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with their use of Wisp or violation of these Terms.
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States.
Any disputes arising out of or relating to these Terms or the use of Wisp shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and judgment on the arbitration award may be entered into any court having jurisdiction.
Newcomer Inc. reserves the right to modify these Terms at any time. Users will be notified of significant changes via email or through an in-app notification. Continued use of Wisp after such modifications constitutes acceptance of the updated Terms.
These Terms are provided in English. In the event of any translation, the English version shall prevail.
Newcomer Inc. strives to ensure that these Terms are accessible to all users, including those with disabilities. If you require assistance in understanding these Terms, please contact us at jasonkappes656@gmail.com.
Please refer to our Privacy Policy for detailed information on how we collect, use, and protect your data.
If applicable, details regarding the use of cookies or similar tracking technologies are outlined in our Privacy Policy.
For support related to Wisp, please contact us at jasonkappes656@gmail.com.
Users can provide feedback or report issues through the support email provided above. We value your input and strive to continuously improve Wisp based on user feedback.
These Terms constitute the entire agreement between you and Newcomer Inc. regarding the use of Wisp and supersede any prior agreements or understandings.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Newcomer Inc. may assign its rights and obligations under these Terms without prior notice. Users may not assign or transfer their rights or obligations without prior written consent from Newcomer Inc.
If you have any questions about these Terms, please contact us at:
Email: jasonkappes656@gmail.com
Address:
Newcomer Inc.
8 The Green, Suite # 15906
Dover, DE 19901