- Product
- Use Cases
- Resources EducationTemplatesSuccess Stories
- Pricing
- Product
- Use Cases
- Resources EducationTemplatesSuccess Stories
- Pricing
Whale is here to make it easy for your team to document, share, and manage standard operating procedures (SOPs), policies, and other important company knowledge efficiently. These Terms of Service ("Terms") govern your access to and use of Whale’s software services, which are provided by Whale BV ("Whale," "we," "our," or "us"). The Service you use will be the one described in the billing page or ordering document you submit, which we accept. This is referred to as your "Order." All Orders are governed by these Terms. These Terms also apply if you’re using the Service on a trial basis. By using the Service, accepting these Terms, or submitting an Order, you agree to follow these Terms and confirm you’ve reviewed and agree to Whale’s Privacy Policy. If you’re signing up on behalf of a company or legal entity, you confirm you have the authority to bind that entity to these Terms. If you do not agree with these Terms or our Privacy Policy, you must not use the Service.
If you have entered into a Master Subscription Agreement ("MSA") with Whale, the MSA shall prevail over these Terms to the extent of any conflict.
To access the Service, you must create a Whale account. As part of the registration process, you will provide your organization’s name, your name, contact details, and payment information (if applicable). Whale may offer a free trial or free version of the Service. These Terms apply equally to free and paid versions of the Service. Whale may change, limit, or discontinue the free version at any time. Whale will provide at least 30 days’ notice before discontinuing a free feature that is actively used by you.
When you use the Service, you create, input, upload, and share Content such as procedures, policies, and training materials ("Content"). This Content belongs to you. Whale does not claim ownership of your Content.
To operate and improve the Service, you grant Whale a limited, non-exclusive license to use, store, and process your Content solely to provide the Service. Whale uses technical metadata (such as feature usage frequency and system logs) to optimize the Service. Whale may also use anonymized, aggregated data for product improvement, provided such data cannot reasonably identify you or any individual.
Whale does not use your Content to train, fine-tune, or improve any machine learning models or algorithms, nor does Whale permit third-party AI providers to use your Content for model training.
Access to your Content is managed through roles. You decide who within your organization can view, edit, or manage specific Content.
As part of the Service, your billing page or Order may list the subscription options and features available. Our Whale Pricing page provides details on the plans we offer.
As a user of the Service, you are responsible for:
When using the Service, you agree not to engage in any of the following activities:
Your subscription starts on the date your Order begins ("Start Date") and runs for the period specified in your Order ("Initial Term"). After the Initial Term, your subscription will automatically renew for successive periods of the same length ("Renewal Terms"), unless you cancel at least 30 days before the end of the current term. The Initial Term and any Renewal Terms together make up the "Subscription Term."
We may update these Terms at our discretion. When we do, we will publish the updated version on our website: Whale Terms. The updated Terms will apply when you continue using the Service. If any change materially affects your rights or obligations, we will notify you by email at least 30 days in advance. You have 10 business days from receiving the notice to dispute the change (except for changes required by law). If we can’t resolve the dispute within 30 days, you may terminate the affected Order without penalty, effective at the end of the then-current term.
The subscription fees for your Initial Term and Renewal Terms will be based on the pricing on our website at the time your Order starts, unless otherwise agreed upon in writing. Unless otherwise agreed in writing, all fees shall be paid by credit card. You will need to provide your contact and payment information to process payments. Unless otherwise specified, fees are invoiced in advance and are due within 14 days of receiving the invoice. Late payments will incur a 1% monthly interest fee or the maximum allowed by law, whichever is lower. In addition, a late payment administrative fee of 3% of the overdue amount (minimum €50, maximum €500) shall apply. Fees do not include taxes, so you’re responsible for any applicable taxes. If fees are not paid on time, we may take legal action to collect the amounts owed, and you will be responsible for any associated costs, including legal fees.
These Terms remain in effect until canceled or terminated:
Upon termination or expiration, you may export your Content for 30 days in standard formats (CSV, JSON, or PDF) at no additional charge. After this period, Whale may delete your data in accordance with its Data Processing Agreement and applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHALE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOSS OF DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY.
Whale’s total aggregate liability arising out of or in connection with these Terms shall not exceed the total fees paid or payable by you to Whale in the twelve (12) months preceding the event giving rise to the liability. The foregoing limitations shall not apply to: (a) liability arising from gross negligence or willful misconduct; (b) personal injury or death caused by negligence; (c) fraud; or (d) any liability that cannot be limited or excluded under applicable law.
From time to time, Whale may offer AI-powered tools or features ("AI Tools") as part of the Service, such as Whale’s AI assistant. Your use of these AI Tools is governed by these Terms and the following additional conditions.
You agree to use the AI Tools in accordance with all applicable laws, regulations, and ethical guidelines. You are solely responsible for how you and your authorized users utilize AI-generated outputs. Whale may update, modify, or discontinue AI Tools at any time with reasonable notice.
You are responsible for the Content you input into the AI Tools. Whale is not liable for the outputs generated based on your inputs. If AI-generated Content is published or shared via the Service, the Content creator remains responsible for ensuring its accuracy and compliance.
Whale does not use your Content to train, fine-tune, or improve its own machine learning models or algorithms. Whale does not permit third-party AI providers to use your Content for model training. If any anonymized data is used for AI product improvement, it will be processed in compliance with Whale’s Data Processing Agreement and applicable data protection regulations.
You agree not to:
The AI Tools may include or interact with third-party components, models, or links. Whale is not responsible for the availability, accuracy, or reliability of third-party content or services.
Whale’s liability for the AI Tools is subject to the Limitation of Liability section above. Whale is not liable for any damages resulting from your use of or reliance on AI-generated outputs.
Neither party shall be liable for any delay or failure to perform its obligations under these Terms (except for payment obligations) to the extent that such delay or failure results from circumstances beyond its reasonable control, including but not limited to: natural disasters, epidemics or pandemics, acts of war or terrorism, government actions or regulations, disruptions to internet or telecommunications infrastructure, or failure of third-party hosting providers.
The affected party shall notify the other party promptly in writing and use reasonable efforts to mitigate the impact. If a Force Majeure event continues for more than 60 consecutive days, either party may terminate the affected Order upon 15 days’ written notice.
All intellectual property rights in the Service, including its technology, software, trademarks, logos, and provided content remain the property of Whale. Nothing in these Terms transfers any ownership rights to you.
You retain all rights to your Content. By using the Service, you grant Whale a limited license to use your Content solely for the purpose of providing the Service.
Feedback or suggestions you provide about the Service may be used by Whale without obligation. For the avoidance of doubt, this feedback license is non-exclusive and does not grant Whale any rights to your Content or Confidential Information.
Whale acts as a data processor with respect to personal data processed through the Service. Our Data Processing Agreement (DPA), available upon request, governs how we handle personal data on your behalf. In the event of a personal data breach, Whale shall notify you without undue delay and in any event within 72 hours of becoming aware of the breach.
Upon termination of the Service, Whale shall delete or return all personal data within 30 days, unless retention is required by applicable law. Whale shall provide written certification of deletion upon request.
These Terms shall be governed by and construed in accordance with the laws of Belgium, without regard to its conflict of laws principles. Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Ghent, Belgium. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.