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Terms of Service

Last Modified: June 4th, 2025

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. You also cannot use the Service for competitive purposes. If you have any questions, please reach out to sales@whale1stg.wpenginepowered.com.

Registration

To use the Service, you and your users (your employees or contractors authorized by you) must register using email addresses. If you authenticate through a third-party account (e.g., Google Sign-In), both you and your users need to comply with the rules of that third-party service.

You are responsible for ensuring your users have the right to access the Service using their email addresses and that your email provider handles their data appropriately. Whale is not responsible for your organization’s or email provider’s practices or restrictions.

Your Content in Whale

Your users can upload, share, view, and use data (referred to as “Content”) in the Service based on their roles and permissions. Content can be shared with others. Your users control the Content they share, and more information about user permissions can be found here: Whale Pricing.

You agree that both you and your users will only upload, share, or otherwise use Content that you have the right to use. You are responsible for securing any necessary permissions to use Content from others. Once uploaded or shared, Content may be redistributed by others who are authorized by you or your users. Whale is not responsible for how others use or misuse your Content.

We are not liable for the Content you post or share. While we may review Content for support purposes or to comply with legal obligations, we’re not required to do so.

Your Responsibilities

You are responsible for:

  1. Ensuring the quality, accuracy, and integrity of the Content.
  2. Ensuring that you and your users comply with these Terms when using the Service.
  3. Ensuring that you and your users have the right to upload, copy, distribute, and share Content.
  4. Promptly handling and resolving any claims regarding Content rights violations.
  5. Keeping your account information secure, including your login credentials and passwords.

If your account details are compromised or there’s any breach of security, you must notify us immediately.

Our Acceptable Use Policy

When using the Service, you and your users must avoid the following:

  • Tampering with the Service: Don’t attempt to reverse engineer, decompile, or access non-public parts of the Service without authorization.
  • Unauthorized sharing: Don’t lease, sell, or share the Service for third-party use, or use it in an outsourcing arrangement.
  • Unauthorized access: Don’t give unauthorized access to user IDs, passwords, or any account information.
  • Security probing: Don’t attempt to probe, scan, or test the Service’s security or vulnerabilities.
  • Interfering with the Service: Don’t interfere with or disrupt any service or system.
  • Illegal or harmful activities: Don’t engage in any activity that’s fraudulent, offensive, violates laws, or risks the security of the Service or its users.
  • Harmful Content: Don’t upload or share Content that’s obscene, defamatory, racist, violent, or otherwise harmful.
  • Intellectual property violations: Don’t upload or use Content that infringes on intellectual property rights, including Whale’s rights.
  • Malicious software: Don’t distribute viruses, worms, or other malicious software.
  • Performance degradation: Don’t interfere with or degrade the performance of Whale’s systems or the Service.

Whale reserves the right to suspend or terminate your access to the Service if we determine that you’ve violated these rules. You are responsible for ensuring your users follow this Acceptable Use Policy as well.

Subscription Term

You will use the Service on a subscription basis, starting with an initial term (the “Initial Term”) specified in your Order. After the Initial Term, your subscription will automatically renew for additional periods (the “Renewal Term”), unless you or we provide notice to cancel at least 15 days before the current term ends. You can send non-renewal notices to support@whale1stg.wpenginepowered.com.

Changes to Terms

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, your access to the Service may be terminated.

Fees

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. You will need to provide your contact and payment information (such as a credit card) to process payments.

Unless otherwise specified, fees are invoiced in advance and are due within 30 days of receiving the invoice. Late payments will incur a 1% monthly interest fee or the maximum allowed by law, whichever is lower. 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.

Cancellation and Termination

These Terms remain in effect until canceled or terminated:

  1. Order expiration: If your Order expires according to the Subscription Term section.
  2. Material changes: If the Service ends due to significant changes to these Terms.
  3. Breach: If either party breaches its obligations and fails to correct the issue within 30 days of written notice.
  4. Misuse or non-payment: Whale may terminate or suspend the Service if you misuse it or fail to pay fees on time.

When these Terms are terminated, your access to the Service will end, and Whale will disable your account. You must return or destroy any proprietary materials owned by Whale. Whale will delete your Content after 90 days from termination, but we can provide an export upon request.

Limitation of Liability

Whale and its affiliates, employees, contractors, and suppliers are not liable for any indirect, special, or consequential damages, including loss of profits, data, or goodwill. Whale’s total liability is limited to the amount you paid for the Service during the 12 months preceding your claim.

This limitation applies regardless of the legal basis of your claim (contract, tort, negligence, etc.). If you’re using the Service for free (e.g., a trial), you acknowledge that you cannot claim any recovery of fees for the Service.

Terms Regarding the Use of AI Tools

Whale complies with the AI-Act (EU Regulation 2024/1689) for developing and using AI technologies.

We will not use your Content to train public machine learning (ML) or AI models, and we direct third-party owners of AI tools to avoid doing so. However, we may use Content to personalize ML models that improve the Service.

You are responsible for reviewing the Outputs from our AI tools to ensure they’re accurate and appropriate for your needs. You may not use the AI tools to train other models or violate these Terms.

Third-Party Links and Components

The Service may include links to third-party products or services. We are not responsible for these third-party services, and you use them at your own risk.

Liability

Whale’s liability is strictly limited to either the invoice value of the services provided during the year the issue arose, or the amount covered by Whale’s insurance policies, whichever is lower.

Force Majeure/Hardship

Whale is not liable for failure to perform due to force majeure or hardship events, like natural disasters, strikes, war, or unforeseen legal or regulatory changes. If force majeure persists for over two months, either party may terminate the agreement without further liability.

Intellectual Property Rights

Whale retains ownership of all intellectual property related to the Service, including software, documents, and materials. You’re granted a limited right to use the Service but do not receive ownership of the Service or its source code.

Applicable Law and Jurisdiction

These Terms are governed by Belgian law. Any disputes will be resolved in the courts where Whale has its registered office.