Terms of Service

The Covenant Terms of Use

These Terms of Use (or “Terms”) govern your use of The Covenant, except where we expressly state that separate terms (and not these) apply and provide information about The Covenant Service (the “Service”), outlined below. When you create an The Covenant account or use The Covenant, you agree to these terms. The Covenant Terms of Service do not apply to this Service.


ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COVENANT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

The Covenant Service

We agree to provide you with The Covenant Service. The Service includes all of The Covenant features, applications, services, technologies, and software that we provide to advance The Covenant’s mission: To create and store video messages, advice and memories for loved ones, family, friends and The Covenant Community in a time of need. The Service is made up of the following aspects:

• Offering personalized opportunities to create, communicate, and share.
  We are in unique and unpredictable times.  We want to provide a social media platform that allows you to communicate and add value to relationships through video experiences.  The Covenant tries to provide a system to reach out those that matter most especially during times when you are no longer capable. Part of our service is to allow you to connect with other like-minded individuals looking to provide uplifting words of encouragement, advice, or points of view.  
• Fostering a positive, inclusive, and safe environment.
  We develop and use tools and offer resources to our user community that are designed to make their experiences positive, informational, and inclusive.  The Covenant has systems in place teams to combat abuse and violations of our Terms and policies which includes combating harmful and deceptive behavior. The Covenant is committed to your privacy and safety and all user information and creative content are maintained in up-to-date, technologically advanced security. The Covenant reserves the right to share information about misuse or harmful content to other Covenant Whisper Inc Companies or law enforcement. Learn more in the Data Policy. 
• Continual technology developments allow us to provide for our growing community.
  Consistent improvements and enhancements using cutting-edge technologies allows us to personalize, protect, and improve our Service.  The Covenant is committed to using the technology that ensures the functionality and integrity of our Service.
• Providing consistent and beneficial experiences across other Covenant Whisper, Inc Products.
  The Covenant is part of Covenant Whisper Inc.  We reserve the right to share technology, systems, insights, and information- including the information we have about you (learn more in the Data Policy) in order to provide services that are safe and secure. We also reserve the right to provide ways to interact across the Covenant Whisper Products 

• Maintaining access to The Covenant Service.
  To create a global Service, we reserve the right to store and transfer data across our systems around the world.  This can include systems outside of your country of residence. This infrastructure may be owned or operated by Covenant Whisper Inc., or their affiliates.
• Providing you with products and services that are meaningful and beneficial.
  We reserve the right to use data from The Covenant, as well as from third-party partners, to show you content (to include sponsored) that are designed to be meaningful and beneficial to you. 

Our Service Is A For Profit Service

By using The Covenant Service, covered by these Terms, you accept and acknowledge that we can show you ads that businesses and organizations pay us to promote on and off the The Covenant. WE DO NOT use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you.

We show you relevant and useful ads without telling advertisers who you are. WE DON’T SELL your personal data. We allow advertisers to tell us things like their business goal and the kind of audience they want to see their ads.

We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off The Covenant. For example, we provide general demographic and interest information to advertisers to help them better understand their audience. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission.

The Data Policy

Providing our Service requires collecting and using your information. The DATA POLICY explains how we collect, use, and share information across The Covenant. You must agree to the Data Policy to use The Covenant.

Your Obligation

In order to use The Covenant Service, we require you to make the below obligations.

To Use The Covenant.  In making The Covenant safe, secure, and in accordance with the law. You must commit to a few obligations to be part of The Covenant community.

• You must be at least 13 years old.
• You must not be prohibited from receiving any aspect of our Service under applicable laws.
• We must not have previously disabled your account for violation of law or any of our policies.
• You must not be a convicted sex offender.

What You Can’t Do. Providing a safe and secure Service for a The Covenant community requires the following:

• You can’t impersonate others or provide inaccurate information.
  You must provide us with accurate and up to date information (including registration information), which may include providing personal data, but you may not impersonate someone.  
• You may not create an account for someone else unless you have their expressed permission.
• You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
• You can’t violate (or help or encourage others to violate) these Terms or our policies, including in particular The Covenant Community Guidelines, The Covenant Platform Terms and Developer Policies, and Music Guidelines.
  Learn how to report conduct or content in our Help Center.
• You can’t do anything to interfere with or impair the intended operation of the Service.
  This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.
• You can’t attempt to create accounts or access or collect information in unauthorized ways.
  This includes creating accounts or collecting information in an automated way without our expressed permission.
• You can’t sell, license, or purchase any account or data obtained from us or our Service.
  This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect The Covenant usernames, passwords, or misappropriate access tokens.
• You can’t post someone else’s private or confidential information without permission or do anything that violates someone else’s rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods).
  You may use someone else’s works under exceptions or limitations to copyright and related rights under applicable law. You represent you own or have obtained all necessary rights to the content you post or share. Learn more, including how to report content that you think infringes your intellectual property rights, here.
• You can’t modify, translate, create derivative works of, or reverse engineer our products or their components.
• You can’t use a domain name or URL in your username without our prior written consent.

Permissions Given To The Covenant. As part of our agreement, you give us permissions that we need to provide the Service.

• We do not claim ownership of your content, but you grant us a license to use it.
  Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service and you are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the Service. When you share, post, or upload content that is covered by intellectual property rights (videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. To learn more about how we use information, and how to control or delete your content, review the Data Policy and visit the The Covenant Help Center.

• Permission to use your username, profile picture, and information about your relationships and actions.
  You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with your account that are displayed on The Covenant, without any compensation to you. For example, we may show that you liked another creator’s post.  
• You agree that we can download and install updates to the Service on your device.
• If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
• You can only use our intellectual property and trademarks, or similar marks as expressly permitted by our Brand Guidelines or with our prior written permission.
• You must obtain written permission from us or under an open-source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

Content Removal and Disabling or Terminating Your Account

• We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies (including our The Covenant Community Guidelines), or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your access to The Covenant Products and The Covenant Products) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies including the
  Community Guidelines, if you repeatedly infringe other people’s intellectual property rights, or where we are permitted or required to do so by law. We can also terminate or change the Service, remove or block content or information shared on our Service, or stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our Customer Support. When you request to delete content or your account, the deletion process will automatically begin no more than 30 days after your request. It may take up to 90 days to delete content after the deletion process begins. While the deletion process for such content is being undertaken, the content is no longer visible to other users, but remains subject to these Terms of Use and our Data Policy. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.
• Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:
  • where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
  • where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
  • where deletion would restrict our ability to:
    • investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our products or systems);
    • protect the safety and security of our products, systems, and users;
    • comply with a legal obligation, such as the preservation of evidence; or
    • comply with a request of a judicial or administrative authority, law enforcement, or a government agency;
  • in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
• If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but this section and the section below called “Our Agreement and What Happens if We Disagree” will still apply even after your account is terminated, disabled, or deleted.

Our Agreement and What Happens if We Disagree

Our Agreement.

• Your use of music on the Service is also subject to our Music Guidelines, and your use of our API is subject to our The CovenantPlatform Terms and Developer Policies. If you use certain other features or related services, you will be provided with an opportunity to agree to additional terms that will also become a part of our agreement. For example, if you use payment features, you will be asked to agree to the Community Payment Terms (Stripe). If any of those terms conflict with this agreement, those other terms will govern.
• If any aspect of this agreement is unenforceable, the rest will remain in effect.
• Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
• We reserve all rights not expressly granted to you.

Who Has Rights Under this Agreement.

• Our past, present, and future affiliates and agents, including Covenant Whisper Inc, can invoke our rights under this agreement in the event they become involved in a dispute. Otherwise, this agreement does not give rights to any third parties.
• You cannot transfer your rights or obligations under this agreement without our consent.
• Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

Who Is Responsible if Something Happens.

• Our Service is provided “as is,” and we can’t guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
• Our responsibility for anything that happens on the Service (also called “liability”) is limited as much as the law will allow. If there is an issue with our Service, we can’t know what all the possible impacts might be. You agree that we won’t be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
• You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

How We Will Handle Disputes.

• Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or The Covenant (“claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other The Covenant users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
• Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court will allow it. If you don’t bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.

The following claims don’t have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.

This arbitration provision is governed by the Federal Arbitration Act.

You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your The Covenant account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Covenant Whisper Inc., ATTN: The Covenant Arbitration Opt-out, 6357 Calle Del Rio, El Paso, TX 79912.

Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your The Covenant account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Covenant Whisper Inc, Inc., ATTN: The Covenant Arbitration Filing, 6357 Calle Del Rio, El Paso, TX 79912.

• Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your The Covenant account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
• For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Western District of Texas or a state court located in El Paso County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
• The laws of the State of Texas, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

Unsolicited Material.

We always appreciate feedback or other suggestions but may use them without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.

Updating These Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

Music Guidelines

You May Not Use Any Music on The Covenant at this current time. 

You are responsible for the content you post

People use our Products to share content with their family and friends. Keep in mind you remain solely responsible for the content that you post, including any music that features in that content. Nothing in these terms constitutes any authorization by us with respect to any use of music on any of our Products.

Adult Nudity and Sexual Activity

Policy details

Policy Rationale

We restrict the display of nudity or sexual activity. 

We understand that nudity can be shared for a variety of reasons, including as a form of protest, to raise awareness about a cause, or for educational or medical reasons but Covenant Whisper Inc has determined that no nudity of any kind is permissible on our platforms.

Bottom Line:  Do not post Nudity of any kind.

Revised: September 13, 2021