WHALE TALKS

Terms and Conditions

Effective Date: April 15, 2026

These Terms and Conditions ("Terms") govern your access to and use of the Whale Talks mobile application ("App") operated by Whale Talks ("we", "us", or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use the App.

1. Eligibility

You must be at least 13 years of age (or 16 in the EEA) to use Whale Talks. By using the App, you represent and warrant that you meet this requirement. If you are under 18, you confirm that you have parental or guardian consent.

2. Account Registration

  • You must provide accurate and complete information when creating an account

  • You are responsible for maintaining the confidentiality of your account credentials

  • You are responsible for all activities that occur under your account

  • You must notify us immediately at support@whaletalk.app of any unauthorized account access

  • We reserve the right to suspend or terminate accounts that violate these Terms

3. Acceptable Use

You agree not to use Whale Talks to:

  • Post, transmit, or share content that is unlawful, harassing, abusive, defamatory, or obscene

  • Violate the intellectual property rights of others

  • Impersonate any person or entity

  • Distribute spam, malware, or harmful code

  • Attempt to gain unauthorized access to the App or its infrastructure

  • Scrape, crawl, or extract data from the App without our written consent

  • Engage in any activity that disrupts or interferes with the App's operation

  • Violate any applicable local, national, or international law or regulation

We reserve the right to remove content and suspend or terminate accounts that violate these rules, at our sole discretion.

4. User-Generated Content

4.1 Your Content

You retain ownership of content you create and post on Whale Talks. By submitting content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, display, distribute, and modify your content solely for the purpose of operating and improving the App.


4.2 Content Standards

You are solely responsible for your content. You must not post content that is illegal, harmful, infringing, or violates the rights of others. We may, but are not obligated to, monitor or review user content.

4.3 Content Removal

We reserve the right to remove any content that violates these Terms or that we find objectionable, without prior notice.

5. Payments and Subscriptions

  • Certain features of Whale Talks may require payment or a paid subscription

  • All fees are charged in accordance with the pricing displayed in the App at the time of purchase

  • Payments are processed by third-party payment providers (e.g., Apple App Store, Google Play)

  • Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period

  • Refunds are subject to the policies of the applicable app store or payment provider

  • We reserve the right to change pricing with reasonable notice

6. Intellectual Property

All content, features, design elements, logos, and technology in the Whale Talks App — other than user-generated content — are the exclusive property of Whale Talks and protected by applicable copyright, trademark, and intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from our intellectual property without our express written consent.

7. Third-Party Services

The App may integrate with or link to third-party services, websites, or applications. We are not responsible for the content, privacy practices, or terms of any third-party services. Your use of third-party services is at your own risk and subject to their terms.

8. Location-Based Features

Certain features of the App use your device's location. You consent to the collection and use of your location data when you enable these features. You can withdraw this consent at any time through your device settings, though some features may become unavailable.

9. Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHALE TALKS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE APP.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Whale Talks and its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the App, your content, or your violation of these Terms.

12. Termination

We may suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Upon termination, your right to use the App ceases immediately.

You may terminate your account at any time by deleting it through the App settings. Termination does not entitle you to a refund of any fees paid.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive relief in a court of competent jurisdiction.

Users in the EU or UK may also have the right to bring claims before their local courts or regulatory authorities.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes through the App or by email. Your continued use of the App after the revised Terms take effect constitutes your acceptance of the new Terms.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Whale Talks with respect to your use of the App, superseding any prior agreements.

17. Contact Us

If you have questions about these Terms, please contact:

Whale Talks — Legal

Email: whaletalks.app@gmail.com

Website: www.whaletalks.app