Whale Alert Whale Alert Whale Alert

Terms & Conditions

GENERAL TERMS AND CONDITIONS

Whale Alert B.V. provides various services, including in particular, but not exclusively, the provision of analyzed blockchain data. These general terms and conditions apply to all offers, agreements related to its services, including the use of its website.

ARTICLE 1 - DEFINITIONS

The terms below have the following meaning in these general terms and conditions:

Account

User profile created on the Website.

Commencement Date

The date on which Whale Alert grants to the User access to the Services.

Data

All Data, Data elements and related information supplied by Whale Alert, which is made available to the User through API, the Website or custom delivery methods. Including in particular, but not exclusively:

  • Alerts: notifications of transactions that breach certain predetermined thresholds, for example certain USD values or total fees paid.
  • Attribution Data: derived data from analytics performed by Whale Alert connecting blockchain addresses to various entities based on probabilities.
  • Aggregate Data: graphs and/or metrics derived from analysis of blockchain data.
  • Entity Data: data on (legal) entities and natural persons collected and made accessible by Whale Alert.
  • Historical Data: collected blockchain data on past transactions and currency prices.
  • Price Data: live and historical data on cryptocurrency prices sourced from price service providers and exchanges.
  • Scam Alert Data: derived data on blockchain addresses and websites analyzed by Whale Alert through Scam Alert.
  • Transaction Data: standardized data on blockchain transactions including, where available,
  • Price Data and Attribution Data.
Services

The use of the Website and all subscription based services and custom data deliveries provided by Whale Alert to the User.

Subscription

The agreement between User and Whale Alert for paid premium features as specified on the Website.

Subscription Term

The term of the Subscription, commencing on Commencement Date.

Terms

These terms and conditions.

User

Any individual that accesses, uses, or interacts with the Whale Alert's Services, websites, applications, or data, whether through a registered account, subscription, or without any registration or subscription.

Website

The website of Whale Alert: www.whale-alert.io

Whale Alert

The private company with limited liability Whale Alert, Whale Alert B.V., having its registered office and business address in Diemen, the Netherlands listed at the Chamber of Commerce under number KVK 76497291.

ARTICLE 2 - SCOPE OF APPLICATION
  1. Whale Alert’s Services are performed exclusively under these Terms set forth hereinafter.
  2. The applicability of the User’s terms and conditions, or any other terms and conditions, is expressly excluded. No other terms are implied by trade, custom, practice, course of dealing, by in the Users purchase order, specification or otherwise.
ARTICLE 3 - PLACING AN ORDER AND ACCOUNT ACCESS
  1. The User may place an order for a Subscription via the website (www.whale-alert.io) or, if the required Service is not available via the website, per email ([email protected]).
  2. Registration of an Account and a Subscription are required to access most of our Services. Creating an Account is free. Access to paid premium features requires a Subscription. The costs of the available types of Subscriptions are listed in the pricing section on the Website.
  3. Whale Alert’s acceptance of an order for a Subscription takes place when Whale Alert grants the User access to the Services (Commencement Date) or otherwise agreed upon in writing.
  4. The User must ensure that the login credentials remain secret. It is not permitted to share the login credentials with others. The User is obliged to inform Whale Alert immediately if they become aware of unauthorized use of the Account or any other possible breach of data security. Whale Alert will handle your personal information in accordance with our Privacy Policy.
  5. Each Account is personal and non-transferable.
ARTICLE 4 - OBLIGATIONS OF THE USER
  1. During the Subscription Term, Whale Alert will give the User access to the Services chosen by the User under the terms and conditions stated in these Terms and for the subscription fee or, if no subscription fee has been agreed, the subscription fee stated in Whale Alert’s quotation to the User.
  2. The User will not circulate, reproduce, sell or publish Data in any form whatsoever, unless with explicit written permission by Whale Alert. The User is only allowed to share or distribute downloadable graph images and Alerts provided that the Whale Alert watermark and website URL contained within the image are not removed or altered.
  3. The User is not permitted to decompile, reverse engineer, disassemble or in any other way modify any Services that have been accessed by or through Whale Alert.
  4. The User guarantees Whale Alert that they will comply with all applicable laws and regulations when using Whale Alert’s Services.
  5. The User guarantees Whale Alert that they will not misuse Whale Alert’s Services in such a way that Whale Alert’s operations are hindered.
  6. The User will provide appropriate technical and organizational measures to protect the use of Data obtained from or through Whale Alert against loss, theft or misuse.
ARTICLE 5 - WHALE ALERT’S OBLIGATIONS
  1. Whale Alert shall during the Subscription Term provide the Services to the User subject these Terms and grants to the User a non-exclusive, non-transferable right, without the right to grant sublicenses, to permit the User to use the Services during the Subscription Term.
ARTICLE 6 - INVOICING AND PAYMENTS
  1. Payment for the Services will be invoiced monthly and in advance. The first monthly payment shall be paid before or on Commencement Date. Subsequent monthly payments will be invoiced the same day as the Commencement Date in the next successive calendar month and each subsequent one-month long period thereafter.
  2. Payment of the invoices shall be made within fourteen days from the date of invoice.
  3. Payments must be made by bank transfer or payment options provided by Stripe Payments.
  4. The User will pay Whale Alert the amounts due under the Subscription without any deduction, discount or set-off, unless with explicit written permission by Whale Alert.
  5. Where applicable, the User will receive the required access keys and/or additional Website access after the first payment has been verified by Whale Alert.
  6. Failure to pay will result in suspension of the account until payment has been made in full.
  7. Whale Alert is entitled to revise the price of its Services or parts thereof, including during Subscription Term. Price changes may be made due to inflation or improvements to the Services, among other things. Price changes will take effect one (1) month after the User has been notified.
ARTICLE 7 - LIABILITY
  1. Even though Whale Alert strives to make the Service available 24/7, it does not guarantee uninterrupted or error-free availability of the Services.
  2. Whale Alert shall not be liable for any interruptions, security breaches, delays, errors, false positives/negatives or omissions in the Services provided. The Services and the Whale Alert Data are provided to the User on an “as is” basis.
  3. The User is not entitled to any compensation for direct or indirect damages, including but not limited to, lost profits, consequential loss or any indirect damages, except in case of intent or gross negligence. Whale Alert shall under no circumstances be liable for damages in connection with the payment of compensation by the User to a third party
  4. In all cases in which Whale Alert is obliged to pay compensation, the amount is limited to the amount of Whale Alert’s most recent invoice, excluding potential taxes.
  5. Whale Alert, its Services or employees do not provide any investment advice and all Data provided is intended for informational purposes only. The User is solely responsible for its investment choices and Whale Alert is not liable for any losses, injuries or damages directly or indirectly caused by investments choices made based on the information provided by Whale Alert. Whale Alert does not provide any advice on buying or selling cryptocurrencies and the inclusion or exclusion of any blockchain or cryptocurrency in the provided Services can not be viewed as recommendations, disapproval, advice or endorsements.
  6. Cryptocurrencies are highly volatile and considered a high risk investment. The User acknowledges to be aware of the volatility and high risk.
  7. The Data provided by Whale Alert is subject to change based on new insights or methods. Whale Alert is not obliged to inform the User of any changes and it is the User's sole responsibility to retrieve revised Data.
  8. The User assumes sole responsibility for results obtained from the use of the Services and the Whale Alert Data by the User, and for conclusions drawn from such use.
  9. Whale Alert cannot be held liable for damages due to the shutdown or digital shutdown of the Users business.
  10. If Whale Alert is unable to fulfill its obligations arising from the Subscription due to force majeure, Whale Alert’s performance will be suspended for a maximum period of two weeks. If the force majeure continues after the end of that period, either party may terminate the Subscription with immediate effect. For the purposes of this Subscription, force majeure will be interpreted on the basis of the provisions of Book 6, Section 75 of the Dutch Civil Code (including but not limited to hacker attacks, viruses or other malicious software attacks, power failures, failure of Whale Alert’s hosting providers) If the Subscription is terminated because Whale Alert suffers from force majeure, Whale Alert will not be liable to compensate the User in any way.
ARTICLE 8 - INTELLECTUAL PROPERTY RIGHTS
  1. All intellectual property rights (including but not limited to copyright, database rights, trademark rights and trade name rights) in Whale Alert’s name, logos, products and Services, including, but not limited to, processed data such as graphs, metrics and alerts, its databases and all the information contained in them, are vested exclusively in Whale Alert and/or its licensors; the Subscription is not intended for the transfer of rights, nor will it result in that. The Subscription only grants the User the limited right described in the Subscription, i.e. to use Whale Alert’s Services.
  2. The User is not permitted to reproduce and/or disclose and/or exploit the Whale Alert’s database and the information contained in it in any other way, including but expressly not limited to printing, photocopying, storage on microfilm, image plates, magnetic disks or tape, or storage in a register system that is accessible to third parties without Whale Alert’s express prior written permission.
  3. The User is not permitted to remove any of the rights holders' symbols or specifications that concern intellectual property rights. The same applies to information marked as private and confidential.
ARTICLE 9 - DURATION AND TERMINATION OF THE SUBSCRIPTION
  1. The Terms shall be valid for as long as the User maintains an Account or uses the Website.
  2. The Subscription Term is specified on the Website for the respective subscription plan and it is always automatically and tacitly renewed at the end of every Subscription Term for one month, unless the Subscription is terminated via the Whale Alert website or email before the start of the new term.
  3. Without prejudice to Whale Alert’s rights under the law, without prejudice to the other provisions of these Terms, and without being liable to pay any compensation, Whale Alert is entitled to terminate the Subscription, with immediate effect and without recourse to the courts, if User is in breach of applicable law or fails to fulfill the obligations under the Terms. In any other case Whale Alert is entitled to terminate the Subscription by giving 2 weeks’ notice. In such case the fully paid Subscription Fee for premium features will be refunded on a pro rata basis.
  4. On termination of the Subscription, regardless of the grounds, all licenses granted under the Subscription shall immediately terminate and the Customer shall immediately cease and not resume any use of the Whale Alert’s Services, including but not limited to Data obtained from or via Whale Alert. Whale Alert’s claims against the Customer will then immediately become due and payable and the Customer will immediately pay all its outstanding claims to Whale Alert.
  5. No (partial) refunds will be made for terminations by the User before the end of the Subscription Term.
ARTICLE 10 - GENERAL
  1. These Terms are governed exclusively by the laws of the Netherlands.
  2. Any dispute that may arise between the parties by virtue of or in connection with the Services and/or the Subscription will in the first instance be settled exclusively by the competent court in the court district of Amsterdam, the Netherlands.
  3. Whale Alert reserves the right to amend these Terms. The User shall be notified of amendments in a timely manner, either through email or via a notification on the Whale Alert website. Amendments shall enter into force thirty days after the date of such notification, unless otherwise specified in said notification. The amended Terms shall apply to all existing Subscriptions concluded with the User. If the User continues to use the Services after notification, it is assumed that they have accepted the amended Terms. If the User rejects the amended Terms, Whale Alert reserves the right to deny the User access the Services and their Account and cancel their Subscription.
Updated 1st of December, 2024