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Whova Terms of Use

These Terms apply to all individuals and entities who access or use any Whova products or services, including, without limitation, event attendees, speakers, sponsors, exhibitors, volunteers, registrants, organizers, event planners, administrators, customers, customer personnel, partners, vendors, contractors, and any other users of Whova’s websites, applications, platforms, software, APIs, or services (collectively, “you” or “Users”).

1. Your relationship with Whova

  • 1.1 Your use of Whova’s products, software, services and web sites (referred to collectively as the “Services” in this document is subject to the terms of a legal agreement between you and Whova. 
  • 1.2 Unless otherwise agreed in writing with Whova, your agreement with Whova will always include, at a minimum, the terms and conditions set out in this document. These terms may be supplemented by additional terms applicable to specific Services, which will be considered part of your agreement with Whova.

2. Accepting the Terms

  • 2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
  • 2.2 You can accept the Terms by:
    (A) clicking to accept or agree to the Terms, where this option is made available to you by Whova in the user interface for any Service; or
    (B) by actually using the Services. In this case, you understand and agree that Whova will treat your use of the Services as acceptance of the Terms from that point onwards.

3. Language of the Terms

  • 3.1 Where Whova has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Whova.
  • 3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Provision of the Services by Whova

  • 4.1 Whova is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Whova provides may change from time to time without prior notice to you. Whova shall have no obligation to maintain, support, update, continue offering, or make available any particular Service, feature, integration, functionality, API, third-party integration, data, content, or historical records. Whova may modify, suspend, discontinue, replace, or remove any portion of the Services at any time, with or without notice, and without liability to you.
  • 4.2 As part of this continuing innovation, you acknowledge and agree that Whova may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Whova’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Whova when you stop using the Services.

5. Use of the Services by you

  • 5.1 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
  • 5.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
  • 5.3 Unless you have been specifically permitted to do so in a separate agreement with Whova, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
  • 5.4 You agree that you are solely responsible for (and that Whova has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Whova may suffer) of any such breach.
  • 5.5 You agree that you can not impersonate any real or fictional person or entity or perform any fraudulent activity.
  • 5.6 You must be at least 13 years old to use the Services.
  • 5.7 Upon signing up for or using the Services, you agree to receive electronic communications from Whova, including emails, in-app notifications, and other messages. These communications are essential for Whova to deliver, improve, and promote the Services to you. Where required by law, you will be provided with the option to opt out of promotional communications.
  • 5.8 You shall not use the Services in any manner that could damage, disable, overburden, impair, interfere with, or otherwise adversely affect the Services, Whova’s systems, infrastructure, security, networks, or other users, whether intentionally or unintentionally.

6. Privacy and your personal information

  • 6.1 For information about Whova’s data protection practices, please read Whova’s privacy policy.
  • 6.2 You agree to the use of your data in accordance with Whova’s privacy policies.
  • 6.3 Whova is not responsible for the privacy practices, notices, disclosures, consents, or legal compliance of organizers, exhibitors, sponsors, speakers, or other users of the Services. Each such party is solely responsible for its own collection, processing, sharing, and use of personal information.

7. Content in the Services

  • 7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
  • 7.2 Prohibited Content: You agree that you will not send, display, post, submit, publish or transmit Content that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) involves theft or terrorism; (viii) constitutes an unauthorized commercial communication; (ix) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (x) breaches this agreement.
  • 7.3 Whova reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service at its sole discretion and without further notice to you. We have complete discretion whether to publish your Content and have the right to delete any and all Content at any time which we believe to be in violation of these Terms.
  • 7.4 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Whova (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Whova or by the owners of that Content, in a separate agreement.
  • 7.5 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
  • 7.6 You agree that you are solely responsible for (and that Whova has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Whova may suffer) by doing so.
  • 7.7 You agree that Whova has no liability for any Content derived from templates, forms, resources, or examples by Whova or made available through Whova. Whova templates, forms, resources, and examples are for educational and informational purposes, and should not be used as a substitute for medical, legal, business, or financial services; rather, you should seek advice from qualified professionals. Whova has no liability for any losses or damages caused to any person or business entities as a result of use, misuse, or reliance on the information and Content created by or available through Whova. In short, you agree to use Whova templates, resources, forms, and examples at your own risk.
  • 7.8 Content generated by artificial intelligence, machine learning, or other automated tools (collectively, “AI-Generated Content”) may be inaccurate, incomplete, outdated, misleading, biased, offensive, inappropriate, or infringe upon third-party rights. Whova does not control, endorse, or guarantee, or assume liability for the accuracy, integrity, quality, or appropriateness, legality, or safety of any AI-Generated Content. You are solely and entirely responsible for independently reviewing, verifying, and modifying any AI-generated Content before relying upon, distributing, or publishing it. Whova provides all AI features and AI-Generated Content on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or quiet enjoyment. Whova expressly disclaims all liability, losses, or damages, claims, or costs (including reasonable attorneys’ fees) arising from or in connection with your use of, reliance on, or exposure to AI-generated Content.
  • 7.9 Whova AI responses are provided for informational purposes only and do not constitute professional, financial, or legal advice, official statements, representations, commitments, approvals, or authorizations by Whova. No AI-generated response may shall create, modify, waive, or override, or otherwise affect any contract, Terms of Service, pricing, fees, subscription, refund, credit, discount, promotion, support commitment, feature availability, warranty, product guarantee, service level, or other rights or obligations of Whova or its customers. Any such modifications are void ab initio (void from the beginning). If any AI-generated response conflicts with Whova’s Terms of Service, published documentation, pricing, policies, or signed written communications from authorized Whova personnel, those official written sources shall strictly control.
  • 7.10 Prohibited AI Uses. You agree not to use Whova AI to:
    • (i) generate or facilitate unlawful, harmful, abusive, fraudulent, infringing, defamatory, or security-compromising content;
    • (ii) attempt to bypass, circumvent, disable, or usage restrictions defeat any safety filters, rate limits, or security controls;
    • (iii) extract, scrape, harvest, reverse-engineer, decompile, or infer confidential information, trade secrets, proprietary information, system prompts, underlying instructions, models, or other non-public information relating to Whova or any third party;
    • (iv) use automated or systematic methods (including bots, scrapers, or spiders) to collect, reproduce, or build datasets from Whova AI responses;
    • (v) use Whova AI or its outputs to develop, train, improve, benchmark, or support, or test any competing product or service;
    • (vi) publish, redistribute, or publicly disclose Whova AI responses in a manner that misrepresents them as official Whova communications or that could reasonably harm Whova or others; or
    • (vii) interfere with or disrupt the operation or security of Whova AI; or 
    • (viii) input any personally identifiable information (PII), protected health information (PHI), or highly sensitive data into any AI feature in violation of terms described in this document.
  • 7.11 By signing up for Whova or using the Whova platform and services, you agree to these terms and also our supplemental AI terms, and acknowledge that any reliance on or use of AI-Generated Content is at your own sole and absolute risk. You further agree to defend, indemnify, and hold harmless Whova against any third-party claims arising out of your violation of these AI terms or your deployment of AI-Generated Content.

8. Proprietary rights

  • 8.1 You acknowledge and agree that Whova owns all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).  Nothing in these Terms grants you any ownership interest in the Services, software, algorithms, artificial intelligence models, source code, object code, APIs, user interfaces, workflows, databases, analytics, documentation, or any derivative works thereof.
  • 8.2 Unless you have agreed otherwise in writing with Whova, nothing in the Terms gives you a right to use any of Whova’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
  • 8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Whova, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Whova’s brand feature use guidelines as updated from time to time.
  • 8.4 Whova acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Whova, you agree that you are responsible for protecting and enforcing those rights and that Whova has no obligation to do so on your behalf.
  • 8.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
  • 8.6 Unless you have been expressly authorized to do so in writing by Whova, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

9. License from Whova

  • 9.1 Whova gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Whova as part of the Services as provided to you by Whova (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Whova, in the manner permitted by the Terms.
  • 9.2 Subject to section 1.2, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Whova, in writing.
  • 9.3 Subject to section 1.2, unless Whova has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
  • 9.4 The license granted under this Section automatically terminates upon any violation of these Terms.

10. Content license from you

  • 10.1 As between you and Whova, you retain ownership of any copyrights, trademarks, and other intellectual property rights you hold in any text, images, videos, audio, documents, data, files, communications, feedback, submissions, or other content that you upload, submit, post, transmit, share, publish, import, synchronize, generate, or otherwise make available through the Services (“Content”), subject to the rights and licenses granted under these Terms.
  • 10.2 By uploading, submitting, posting, transmitting, sharing, publishing, importing, synchronizing, generating, or otherwise making available any Content through the Services, you grant Whova and its affiliates, service providers, contractors, successors, assigns, and sublicensees a worldwide, royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive, transferable, sublicensable license to host, store, cache, reproduce, copy, process, modify, adapt, translate, reformat, index, analyze, create derivative works from, compress, transmit, distribute, publish, publicly perform, publicly display, communicate, synchronize, use, and otherwise exploit such Content, in any media or format now known or later developed, solely as reasonably necessary to provide, operate, maintain, support, secure, monitor, improve, troubleshoot, develop, market, promote, and enhance the Services and related products and services, including for backup, disaster recovery, system administration, testing, quality assurance, analytics, fraud prevention, security, customer support, legal compliance, artificial intelligence and machine learning development, and other legitimate business purposes consistent with these Terms and the applicable Privacy Policy.
  • The license granted under this Section is provided solely for purposes related to Whova’s business operations and the provision of the Services. The license survives any suspension or termination of your account or your use of the Services to the extent reasonably necessary to:
    • maintain backups, archives, and business records;
    • comply with applicable laws, regulations, legal process, audits, tax, accounting, and regulatory obligations;
    • resolve disputes, investigate violations, prevent fraud, protect the security and integrity of the Services, and enforce these Terms;
    • continue displaying or processing Content that has already been shared with other authorized users or incorporated into ongoing events, reports, analytics, or system operations; and
    • retain anonymized or aggregated data that does not identify you or any individual.

Nothing in this Section transfers ownership of your Content to Whova.

  • 10.4 You represent, warrant, and agree that:
    • (a) you own, or have obtained all necessary rights, licenses, permissions, authorizations, and consents required to upload, submit, use, and grant the licenses described in these Terms;
    • (b) your Content, and Whova’s exercise of the rights granted under these Terms, will not infringe, misappropriate, dilute, or otherwise violate any copyright, patent, trademark, trade secret, privacy right, right of publicity, contractual right, confidentiality obligation, or other intellectual property, proprietary, or legal right of any person or entity;
    • (c) your Content complies with all applicable laws, regulations, and industry standards; and
    • (d) you are solely responsible for obtaining all necessary notices, permissions, releases, and consents from any individuals whose personal information, likeness, voice, image, or other data is included in your Content.
    • (e) you shall remain solely responsible for maintaining all such permissions, licenses, authorizations, and consents throughout the period your Content is available through the Services.
  • 10.5 Responsibility for Content: You are solely responsible for your Content and for the consequences of uploading, posting, sharing, transmitting, or otherwise making it available through the Services. Whova has no obligation to review, monitor, verify, endorse, or assume responsibility for any Content, and disclaims all liability arising from or relating to any Content submitted by users.
  • 10.6 No Compensation: Except as expressly agreed in writing by Whova, you acknowledge that you will not receive any compensation, royalty, fee, or other payment arising from Whova’s exercise of the rights granted under this Section.
  • 10.7 Feedback: If you provide any suggestions, ideas, recommendations, enhancement requests, bug reports, comments, or other feedback regarding the Services (“Feedback”), you grant Whova a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use, reproduce, modify, distribute, commercialize, and otherwise exploit such Feedback for any purpose without restriction, attribution, or compensation to you.

11. Prohibited Uses (Anti-Scraping & Misuse)

You agree that you will not, and will not authorize, encourage, or enable any third party to:

  • 11.1 Account Integrity & Impersonation
    • Create a false identity; misrepresent your affiliation; create an account for anyone other than yourself (a real person) without authorization; share or sell login credentials; or attempt to use another user’s or organization’s account, session, or cookies.
    • Imply or state that you are affiliated with, endorsed by, or partnering with Whova without our express written consent, including using Whova names, logos, or marks except as permitted in our brand guidelines.
  • 11.2 Scraping, Data Mining, & Automated Access
    • Develop, support, deploy, or use software, devices, scripts, robots, crawlers, browser plug-ins/add-ons, scraping tools, or other automated means or processes to access, query, monitor, copy, harvest, or extract any part of the Services or Content (including event name, organizers names, organizers email addresses event pages, attendee/exhibitor/sponsor lists (names and address), agendas, session pages, messages, profiles, files, analytics, invitation list, metadata or any other data that is hosted on Whova platforms).
    • Build, train, or improve databases, profiles, AI/ML models, or products using any data obtained from the Services, whether directly or via third parties (including search engines, data brokers, or aggregators).
    • Bypass, disable, avoid, or circumvent any security or anti-automation measures (e.g., rate limits, robots.txt, CAPTCHAs, access controls, geo/IP restrictions, token checks, kiosk protections).
  • 11.3 Use of Content & Data
    • Copy, download, export, index, frame, mirror, or publicly display any Content from the Services except through features we expressly make available (e.g., organizer-provided exports or embeds) and only as explicitly permitted by the Content owner.
    • Harvest any email addresses, phone numbers, or other contact information from the Services and Platforms for marketing, lead generation, competitive outreach, or any purpose not explicitly permitted by the Content owner and applicable law.
    • Use organizer, volunteer, attendee, speaker, exhibitor, sponsor, volunteer, or staff information for any purpose unrelated to the specific event relationship or in violation of posted notices (e.g., using a “Contact Organizer/Exhibitor” feature to solicit unrelated sales or to target Whova customers for competitive purposes).
  • 11.4 Security, Interference, & Abuse
    • Post, upload, or transmit malware, viruses, worms, logic bombs, scraping payloads, or other harmful code; perform denial-of-service or load-testing attacks; or otherwise interfere with, degrade, or disrupt the Services (including kiosks, badge printing, check-in, registration, messaging, or notifications).
    • Reverse engineer, decompile, disassemble, decipher, or attempt to derive source code, algorithms, or underlying ideas of non-open-source components of the Services or our related technology.
    • Overlay, inject, or modify the appearance or behavior of the Services (e.g., inserting UI elements, removing or obscuring disclosures or branding, manipulating rankings or algorithms).
  • 11.5 Intellectual Property & Platform Rights
    • Infringe the intellectual property, privacy, or publicity rights of Whova or others, including copying our software, designs, or learning materials, except where we have released code under an open-source license and then only under that license’s terms.
    • Deep-link to pages that bypass access controls, paywalls, or privacy settings, or that misrepresent the context of Content.
    • Rent, lease, loan, sell, resell, sublicense, or otherwise monetize access to the Services or data obtained from the Services without Whova’s express written consent.
  • 11.6 Misuse of Features
    • Use messaging, Contact, announcements, Q&A, community boards, contact forms, or “Contact Exhibitor/Organizer” tools for spam, scams, harassment, or unrelated commercial solicitations.
    • Submit abusive, duplicative, fraudulent, or bad-faith reports, complaints, or appeals, or otherwise misuse customer support or trust-and-safety workflows.
  • 11.7 APIs & Integrations
    • Access or use any Whova API or integration beyond documented endpoints, limits, and scopes; share keys or tokens; or attempt to discover undocumented APIs.
    • Aggregate, cache, proxy, or re-publish API responses or dashboards to create a substitute or competing service, or to enable scraping avoidance.
  • 11.8 Competitive Conduct
    • Access the Services or any Customer Event Content to benchmark, monitor availability or performance, or to build, train, or improve a competing product or service, except with Whova’s prior written consent.
  • 11.9 Legal Compliance
    • Use the Services for any unlawful, misleading, discriminatory, or fraudulent activity; disclose information you do not have the right to disclose; or violate third-party terms that apply to specific features, integrations, or content.
  • 11.10 Additional Anti-Scraping Terms
    • Technical Protections. You must not interfere with or attempt to defeat our technical measures (including device fingerprinting, bot detection, and rate limiting). You agree not to rotate IPs, spoof identities, or use residential proxies/VPNs to evade our controls.
    • Event Content Ownership. Organizers, exhibitors, sponsors, speakers, and attendees may own or control rights in the Content they upload. You may not copy, export, or reuse such Content without the owner’s permission and applicable legal basis.
    • Limited Search Engine Exception. Public search engines may crawl publicly accessible organizer event pages solely for the limited purpose of creating publicly available, searchable indices of such pages, subject to our robots.txt and any organizer privacy settings. Whova may revoke this exception at any time.
    • Monitoring & Enforcement. Whova may monitor access and usage, investigate violations, throttle or block traffic (including by IP, ASN, user agent, device, and account), suspend or terminate accounts, disable features, and pursue legal remedies. We may also notify impacted organizers and users of suspected scraping or misuse.
    • Reporting. To report suspected scraping, unauthorized access, or misuse, contact us via the in-product “Report” function or at [Whova support contact]. Provide relevant URLs, timestamps, and headers if available.

Examples are illustrative, not exhaustive. Any activity that is substantially similar in purpose or effect to the above is prohibited.

  • 11.11 No Competitive Intelligence. You shall not access or use the Services for purposes of competitive analysis, benchmarking, feature comparison, pricing comparison, market research, reverse engineering business strategy, or any other activity intended to compete with, replace, or evaluate Whova or its products without Whova’s prior written consent.

12. Software updates

  • 12.1 The Software which you use may automatically download and install updates from time to time from Whova. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Whova to deliver these to you) as part of your use of the Services.
  • 12.2 Certain updates may be mandatory for continued use of the Services. Failure to install updates may result in reduced functionality or inability to access the Services.

13. Ending your relationship with Whova

  • 13.1 The Terms will continue to apply until terminated by either you or Whova as set out below.
  • 13.2 Whova may at any time, terminate its legal agreement with you if: (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) Whova is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (C) the partner with whom Whova offered the Services to you has terminated its relationship with Whova or ceased to offer the Services to you; or (D) Whova is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (E) the provision of the Services to you by Whova is, in Whova’s opinion, no longer commercially viable. Whova may suspend, restrict, disable, remove Content, terminate accounts, or refuse future access immediately and without prior notice whenever Whova reasonably believes such action is necessary to protect the Services, users, third parties, or Whova’s legal, security, or business interests.
  • 13.3 Nothing in this Section shall affect Whova’s rights regarding provision of Services under Section 4 of the Terms.
  • 13.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Whova have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 22.1 shall continue to apply to such rights, obligations and liabilities indefinitely.

14. Warranties and Compliance

  • 14.1 Lawful Basis for Collection. The Organizer represents, warrants, and covenants that it has obtained all necessary consents, provided all required disclosures, and possesses a valid lawful basis under applicable data protection laws, including the California Consumer Privacy Act (CCPA), to collect, process, and transfer all Data submitted to the Platform by Attendees.
  • 14.2 Privacy Disclosures. The Organizer must provide a conspicuous Notice at Collection and a link to its own legally compliant Privacy Policy to Attendees at or before the point of data collection on any registration form hosted by the Platform.
  • 14.3 Restricted Sensitive Data Prohibitions. The Organizer shall not use the Platform to collect, store, or process any of the following highly restricted categories of data:
    • Social Security Numbers, driver’s license numbers, or official passport numbers.
    • Fully unencrypted financial account numbers, except as processed securely through the Platform’s approved payment gateways (e.g., Stripe).
    • Protected Health Information (PHI) governed by HIPAA or any state-level medical privacy regulations.
    • Precise geolocation tracking data or data collected from users known to be under the age of 16.
  • 14.4 Handling Privacy Rights Requests. If an Attendee exercises a legal privacy right, including a request to delete, correct, or access their data, the Organizer acknowledges it is solely responsible for verifying and fulfilling that request on systems and files outside Whova’s control.
  • 14.5 Each user represents and warrants that all information provided to Whova is accurate, current, complete, and not misleading, and agrees to promptly update such information as necessary.

15. EXCLUSION OF WARRANTIES

  • 15.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 15 AND 16, SHALL EXCLUDE OR LIMIT WHOVA’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  • 15.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
  • 15.3 IN PARTICULAR, WHOVA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
  • 15.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • 15.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHOVA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
  • 15.6 WHOVA FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • 15.7 WHOVA IS NOT RESPONSIBLE FOR ANY EVENT, ORGANIZER, EXHIBITOR, SPONSOR, SPEAKER, VENUE, SESSION, REGISTRATION, REFUND, CANCELLATION, POSTPONEMENT, TRAVEL, ACCOMMODATION, PRODUCT, SERVICE, PROMOTION, GIVEAWAY, OR OTHER ACTIVITY OFFERED BY THIRD PARTIES THROUGH THE SERVICES.

16. LIMITATION OF LIABILITY

  • 16.1 EXCLUSION OF CONSEQUENTIAL DAMES. SUBJECT TO OVERALL PROVISION IN PARAGRAPH 15.1 ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHOVA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH WHOVA MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE WHOVA WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
  • 16.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHOVA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY, SHALL NEVER EXCEED THE GREATER OF (I) US$100, OR (II) THE AMOUNT ACTUALLY PAID BY YOU DIRECTLY TO WHOVA DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  • 16.3 THE LIMITATIONS ON WHOVA’S LIABILITY TO YOU IN SECTION 16 ABOVE SHALL APPLY WHETHER OR NOT WHOVA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

17. Indemnification

  • 17.1 You agree to defend, indemnify and hold Whova and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) relating to or arising out of: (I) your content; (II) your breach of these Terms (including any terms or agreements or policies incorporated into these Terms) (III) your or end users’ misuse of the Services; (IV) any refunds owed or claimed to be owed to Registrants; (V) your failure to pay or withhold any taxes or other fees required by applicable law; (VI) your violation of any third-party right, including without limitation any Intellectual Property Rights, privacy rights, or a Non-Whova Service; or (VII) your gross negligence and/or willful misconduct. 
  • 17.2 The Organizer agrees to indemnify, defend, and hold harmless Whova, its parent company, affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or regulatory fines (including reasonable attorneys’ fees) arising out of or relating to:
    • Any breach of the Data Warranties outlined in this agreement.
    • The Organizer’s failure to comply with the CCPA, CPRA, or other global privacy laws.
    • Any misuse, unauthorized disclosure, or unlawful sharing of Attendee data after it has been downloaded, exported, or transferred out of the Whova Platform via CSV or API.
  • 17.3 Whova reserves the right, but not the obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification, and you agree to cooperate fully with such defense.

18. Copyright and trade mark policies

  • 18.1 It is Whova’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.

19. Advertisements

  • 19.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
  • 19.2 The manner, mode and extent of advertising by Whova on the Services are subject to change without specific notice to you.
  • 19.3 In consideration for Whova granting you access to and use of the Services, you agree that Whova may place such advertising on the Services.

20. Tax

  • 20.1 Our fees do not include taxes, levies, duties, or similar charges (collectively, “Taxes”) imposed by any governmental authority, unless explicitly stated otherwise. This includes, but is not limited to, value-added tax (VAT), sales tax, use tax, or withholding tax. You are responsible for any Taxes associated with your purchases.
  • 20.2 If applicable laws require us to collect or pay Taxes on your behalf, we will add the appropriate amount to your invoice, and you are obligated to cover these charges unless you provide a valid tax exemption certificate from the relevant authority. Please note that we are only responsible for taxes directly related to our income, property, or employees, and not for Taxes that apply to your purchases or use of our services, or the sale of your event registrations or add-ons.

21. Privacy Policy

  • 21.1 Our Privacy Policy is incorporated into and governed by these Terms of Use. By accepting these Terms, you also acknowledge and agree to the practices described in our Privacy Policy.

22. Other content

  • 22.1 The Services may include hyperlinks to other web sites or content or resources. Whova may have no control over any web sites or resources which are provided by companies or persons other than Whova.
  • 22.2 You acknowledge and agree that Whova is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
  • 22.3 You acknowledge and agree that Whova is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
  • 22.4 You agree that all notices, disclosures, agreements, invoices, updates, amendments, and other communications from Whova may be provided electronically, including through email, the Services, or your account, and that such electronic communications satisfy any legal requirement that such communications be in writing.

23. Force Majeure and Changes to the Terms

  • 23.1 Whova shall not be liable for any delay, interruption, degradation, suspension, or failure to perform resulting from causes beyond its reasonable control, including natural disasters, pandemics, labor disputes, governmental actions, internet failures, telecommunications failures, utility interruptions, cyberattacks, denial-of-service attacks, cloud provider failures, hosting provider failures, third-party service interruptions, power outages, civil unrest, terrorism, war, or acts of God.
  • 23.2 Whova may make changes to the Terms from time to time.
  • 23.3 You understand and agree that if you use the Services after the date on which the Terms have changed, Whova will treat your use as acceptance of the updated Universal Terms or Additional Terms.
  • 23.4 Continued access to or use of the Services after revised Terms become effective constitutes acceptance of the revised Terms.

24. Governing Law; Arbitration and Batching

  • 24.1 This agreement is governed by and interpreted in accordance with the laws of the State of California, excluding that body of law related to choice of laws, and of the United States of America. Any proceeding brought to enforce this agreement or to adjudicate any dispute related to this agreement must be heard in the courts of San Diego County, California. Each party submits itself to the exclusive jurisdiction and venue of these courts for purposes of proceedings related to this agreement, waives forum non convenience and similar defenses, and agrees that any service of process may be affected by delivery of the summons to the address for notice as specified herein.
  • 24.2 Notwithstanding Section 24.1, if you have a dispute with us that cannot be resolved through other DPF mechanisms, you may seek binding arbitration as described in Annex I of the DPF Principles.
  • 24.3 In the event that 25 or more arbitration demands presenting substantially similar claims are filed, Whova may, in its sole discretion, require that such claims be resolved in coordinated batches. Each batch may include up to 100 claims, with the first batch proceeding as a “test case.” The outcome of the test case will be given appropriate weight in the resolution of subsequent batches. This batching process is designed to ensure efficiency and consistency in arbitration proceedings, while preserving your individual right to pursue arbitration.

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