Terms of Service

Last Updated: March 22, 2023

1. Agreement to Terms

Whaleform Inc operates the Whalesync website. By accessing the site, you agree to be bound by these terms. The company is registered in Delaware with offices at 390 NE 191st St #8026, Miami, FL 33179.

Key points:

• Changes to terms take effect upon posting; users must review terms regularly
• Site not compliant with HIPAA, FISMA, or GLBA requirements
• Users must be at least 18 years old
• Non-U.S. users access the site at their own risk regarding local laws

2. Intellectual Property Rights

All site content—including code, databases, designs, audio, video, text, and graphics—belongs to or is licensed by Whalesync. Users receive limited licenses for personal, non-commercial use only. Commercial use, copying, reproduction, or distribution requires express written permission.

3. User Representations

Users warrant they:

• Have legal capacity and comply with terms
• Are adults in their jurisdiction
• Won't use automated access methods
• Won't use the site illegally
• Will comply with applicable laws

False information may result in account suspension or termination.

4. Fees and Payment

Accepted payment method: credit card

Users must provide current, complete, and accurate billing information. Payments are charged in U.S. dollars. Recurring charges continue until cancellation. Whalesync reserves rights to correct pricing errors and refuse orders.

5. Cancellation

Users can cancel subscriptions anytime by logging into accounts or contacting support at hello@whalesync.com or 561-789-4592. Cancellation takes effect at the end of the current billing period.

6. Prohibited Activities

Users cannot:

• Systematically collect data or create databases from the site
• Defraud or mislead users or steal account information
• Disable security features or interfere with content protection
• Disparage or harm the company or site
• Harass others using site information
• Make improper support requests
• Violate laws or regulations
• Frame or link to the site improperly
• Upload viruses, malware, or spam
• Use automated systems, scripts, or data mining tools
• Delete copyright notices
• Impersonate other users
• Upload spyware or passive data collection mechanisms
• Disrupt site operations
• Harass employees or agents
• Bypass access restrictions
• Copy or adapt site software
• Reverse engineer or decompile code
• Use unauthorized scripts or offline readers
• Use purchasing agents
• Create fake accounts
• Compete with Whalesync using the site

7. User Generated Contributions

While the site description notes it doesn't typically offer user-submitted content, if contributions are made, users warrant:

• Content doesn't infringe third-party rights
• They own necessary licenses and permissions
• They have consent from identifiable people in contributions
• Content is accurate and not misleading
• Content isn't unsolicited advertising or spam
• Content isn't obscene, violent, harassing, or defamatory
• Content doesn't mock or disparage others
• Content doesn't harass, threaten, or promote violence
• Content complies with laws
• Content doesn't violate privacy rights
• Content doesn't involve child exploitation
• Content contains no offensive race, gender, or disability-related comments
• Content doesn't violate these terms or laws

Violations may result in termination.

8. Contribution License

Whalesync may access, store, process, and use user information per the Privacy Policy. Feedback about the site can be used without compensation. Users retain ownership of contributions but grant Whalesync unrestricted usage rights.

9. Submissions

Questions, comments, suggestions, and feedback become Whalesync's non-confidential property. The company owns exclusive rights and may use submissions without acknowledgment or compensation. Users waive moral rights and warrant originality or proper permission.

10. U.S. Government Rights

Services are classified as commercial items under Federal Acquisition Regulation (FAR) 2.101. For non-DOD agencies, FAR 12.212 and 12.211 apply. For DOD agencies, DFARS 227.7202-3 and DFARS 252.227-7015 apply.

11. Site Management

Whalesync reserves rights to:

• Monitor for term violations
• Take legal action against violators
• Refuse, restrict, or disable user contributions
• Remove excessively large or burdensome files
• Manage the site to protect rights and functionality

12. Term and Termination

Terms remain active while using the site. Whalesync may deny access or delete content without notice or liability for any reason. Users cannot create new accounts under false names after termination. The company may pursue civil, criminal, and injunctive remedies.

13. Modifications and Interruptions

Whalesync reserves rights to change, modify, or remove site contents anytime without notice. The company may discontinue services without liability for downtime or inconvenience. No obligation exists to maintain, support, or provide updates.

14. Governing Law

These terms are governed by United States law. Both parties consent to exclusive jurisdiction in U.S. courts.

15. Dispute Resolution

Informal Negotiations: Parties must attempt informal resolution for at least 30 days before arbitration.

Binding Arbitration: Unresolved disputes proceed to binding arbitration under American Arbitration Association (AAA) Commercial Arbitration Rules and Consumer Rules. Arbitration occurs in the United States, may be conducted remotely, and arbitrators must follow applicable law.

Restrictions: Arbitration is limited to individual disputes; no class actions permitted.

Exceptions: Intellectual property disputes, theft/piracy/privacy claims, and injunctive relief requests aren't subject to arbitration.

16. Corrections

Whalesync reserves rights to correct typographical errors, inaccuracies, and omissions without prior notice.

17. Disclaimer

The site is provided "as-is" and "as-available." Users assume all risk. Whalesync disclaims all warranties—express or implied—including merchantability, fitness for purpose, and non-infringement. The company assumes no liability for:

• Content errors or inaccuracies
• Personal injury or property damage
• Unauthorized access to secure servers
• Transmission interruptions
• Viruses or malware
• Data loss
• Third-party products or services

18. Limitations of Liability

Whalesync and its officers, employees, and agents aren't liable for direct, indirect, consequential, exemplary, incidental, special, or punitive damages—including lost profits, revenue, or data—even if advised of damage possibilities.

19. Indemnification

Users agree to defend, indemnify, and hold Whalesync harmless from losses, damages, or claims arising from:

• Site use
• Term violations
• Breach of warranties
• Third-party rights violations
• Harmful acts toward other users

Whalesync may assume exclusive defense at user expense.

20. User Data

Whalesync maintains transmitted data for performance management but assumes no liability for data loss or corruption. Users are solely responsible for all transmitted data.

21. Electronic Communications, Transactions, and Signatures

Users consent to electronic communications via email and the site. Parties agree electronic signatures, contracts, orders, and delivery satisfy legal writing requirements. Users waive rights requiring original signatures or non-electronic records.

22. Miscellaneous

These terms constitute the entire agreement. Whalesync's failure to enforce provisions doesn't waive rights. Terms operate to the fullest legal extent. Whalesync may assign rights and obligations. Unenforceable provisions are severable. No partnership, employment, or agency relationship is created. Users waive defenses based on electronic form.

23. Contact Us

Phone: 561-789-4592 Email: hello@whalesync.com

Company Information:

• Registered: Delaware, United States
• Address: 390 NE 191st St #8026, Miami, FL 33179