Terms of Use
WHALE STRATEGY TERMS OF USE
Effective Date: 01 JULY 2026Website: https://www.whalestrategy.ai
Company: Whale Strategy
IMPORTANT NOTICE
These Terms of Use contain important information about your legal rights, obligations, risks and limitations of liability. Please read them carefully before accessing or using Whale Strategy.
By creating an account, accessing the website, connecting an exchange account, enabling any algorithm, using any trading module, purchasing a subscription or otherwise using Whale Strategy, you confirm that you have read, understood and agreed to be bound by these Terms of Use.
Whale Strategy provides software and algorithmic trading technology only. Whale Strategy is not an exchange, broker, dealer, investment adviser, portfolio manager, asset manager, trustee, custodian, financial institution, bank, payment institution or fiduciary.
Trading digital assets, cryptocurrencies, precious metals, securities, derivatives and other financial instruments involves substantial risk. You may lose some or all of your funds. You use Whale Strategy entirely at your own risk.
1. INTRODUCTION
1.1 Parties
These Terms of Use constitute a legally binding agreement between:
Whale Strategy, including its website, software, applications, APIs, algorithms, trading modules, documentation and related services, referred to in these Terms as “Whale Strategy,” “Company,” “we,” “us” or “our”; and
the person or legal entity accessing or using the Services, referred to as “User,” “Client,” “you” or “your.”
1.2 Acceptance of Terms
You accept these Terms when you:
a. create an account;b. access or use the Website;c. purchase a subscription;d. connect any exchange, broker, wallet or third-party account;e. enable or use any trading algorithm, trading module or automated trading system;f. pay or agree to pay any Subscription Fee, Performance License Fee or other fee; org. otherwise use any part of the Services.
If you do not agree to these Terms, you must not access or use the Services.
1.3 Legal Capacity
By using the Services, you represent and warrant that:
a. you are at least 18 years old or the age of legal majority in your jurisdiction, whichever is higher;b. you have full legal capacity to enter into these Terms;c. if you act on behalf of a company or other legal entity, you are authorized to bind that entity;d. your use of the Services does not violate any law, regulation, court order, sanctions regime or contractual obligation applicable to you; ande. you are not prohibited from using algorithmic trading software, digital asset services, derivatives trading tools or similar technologies under the laws of your jurisdiction.
1.4 No Use Where Prohibited
The Services are not offered to any person or entity in any jurisdiction where such access or use would be unlawful, restricted, require licensing by Whale Strategy, or otherwise expose Whale Strategy to regulatory obligations that Whale Strategy has not expressly agreed to assume.
You are solely responsible for determining whether your use of the Services is lawful in your jurisdiction.
1.5 Changes to Terms
We may update these Terms from time to time. Updated Terms will be published on the Website or made available through the Software. Unless otherwise required by law, your continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms.
2. DEFINITIONS
For the purposes of these Terms, the following definitions apply.
2.1 “Account”
means the user account created by you to access the Services.
2.2 “Algorithm”
means any proprietary or third-party trading logic, model, formula, signal-processing mechanism, execution rule, automation script, trading module, risk module or related software component made available through Whale Strategy.
2.3 “API”
means application programming interface technology used to connect the Software to an Exchange, broker, trading venue, wallet, data provider or other third-party service.
2.4 “API Key”
means any access credential, token, secret, permission key, authorization key or similar credential used to connect your Exchange Account or other third-party account to the Software.
2.5 “Assets”
means cryptocurrencies, digital assets, tokens, stablecoins, fiat currencies, precious metals, securities, stocks, ETFs, commodities, futures, options, contracts for difference, perpetual contracts, swaps and any other instruments or derivatives that may be traded through supported Exchanges or third-party platforms.
2.6 “Automated Trading”
means the use of software, algorithms, scripts, models, rules or trading modules to generate, submit, amend or cancel trading instructions, orders or signals automatically or semi-automatically.
2.7 “Exchange”
means any third-party exchange, broker, trading platform, liquidity venue, market operator, wallet provider, custodian, clearing venue, settlement venue or similar third-party platform connected or used in connection with the Services.
2.8 “Exchange Account”
means your own account with an Exchange or other third-party trading platform, connected or intended to be connected to the Software.
2.9 “Fees”
means any amounts payable by you to Whale Strategy, including Subscription Fees, Performance License Fees and any other charges described on the Website, in the Software, invoice, order form or other applicable commercial terms.
2.10 “Performance License Fee”
means a software licensing fee calculated by reference to positive trading performance, positive results or other agreed metric generated through use of certain Algorithms or trading modules. The Performance License Fee is not an investment management fee, brokerage commission, advisory fee, fiduciary fee, carried interest, custody fee or profit-sharing arrangement.
2.11 “Services”
means the Website, Software, Algorithms, trading modules, dashboards, analytics tools, APIs, account tools, documentation, support, subscriptions and any related services provided by Whale Strategy.
2.12 “Software”
means the Whale Strategy software platform, including the Website, web application, mobile application, API integrations, trading engine, automation tools, dashboards, analytics, Algorithms, execution modules and related technology.
2.13 “Subscription Fee”
means a recurring or one-time fee payable for access to the Software, specific plans, features, Algorithms or trading modules.
2.14 “Trading Losses”
means any losses, damages, liabilities, missed profits, drawdowns, liquidations, margin calls, negative balances, lost opportunities, failed transactions, execution failures, asset devaluations, tax consequences, fees, penalties or other adverse outcomes related directly or indirectly to trading activity.
2.15 “User Content”
means any data, information, settings, configurations, API permissions, trading parameters, comments, feedback, files or materials submitted, uploaded, connected, generated or made available by you through the Services.
3. NATURE OF THE SERVICES
3.1 Software Provider Only
Whale Strategy provides software technology that allows Users to access and use algorithmic trading tools. Whale Strategy’s role is limited to providing Software, Algorithms, technical infrastructure and related functionality.
Whale Strategy does not provide financial services unless expressly stated in a separate written agreement and only where legally permitted.
3.2 No Brokerage or Exchange Services
Whale Strategy is not an Exchange, broker, dealer, introducing broker, clearing broker, liquidity provider, market maker, payment institution, bank or financial institution.
Whale Strategy does not:
a. hold itself out as an Exchange or trading venue;b. match orders;c. maintain an order book;d. clear or settle trades;e. provide liquidity;f. intermediate transactions between buyers and sellers;g. hold client funds;h. accept deposits;i. process withdrawals from Exchange Accounts; orj. guarantee execution of any order.
All trading activity occurs on third-party Exchanges or platforms selected and controlled by you.
3.3 No Investment Management
Whale Strategy does not provide portfolio management, asset management, trust management, discretionary account management, managed account services or fiduciary investment services.
You remain solely responsible for all decisions regarding:
a. whether to use the Services;b. which Exchange to connect;c. which Assets to trade;d. how much capital to allocate;e. whether to use leverage or margin;f. which Algorithms to enable;g. which parameters to select;h. when to stop, pause, modify or disable any Algorithm; andi. whether any trade or strategy is suitable for you.
3.4 No Custody
Whale Strategy does not custody, hold, control, safeguard or possess your Assets.
Your Assets remain at all times on your Exchange Account, wallet, broker account or other third-party account. Whale Strategy does not guarantee the security, solvency, availability or conduct of any Exchange or custodian.
3.5 No Fiduciary Relationship
No fiduciary, trustee, agency, partnership, joint venture, employment, advisory, representative or similar relationship is created between you and Whale Strategy by your use of the Services.
Whale Strategy does not owe you fiduciary duties, suitability duties, best-execution duties, portfolio-monitoring duties, capital-preservation duties or duties to prevent losses, except to the extent such duties cannot be excluded under applicable law.
3.6 Automated Trading Technology
The Software may allow you to automate certain trading instructions based on Algorithms, selected settings, connected Exchanges and available market data.
You acknowledge that Automated Trading may generate orders without manual confirmation for each transaction. You are solely responsible for enabling, disabling, monitoring and configuring such automation.
3.7 No Human Review of Trades
Unless expressly stated otherwise, Whale Strategy does not manually review, approve, reject, supervise or monitor individual trades generated through the Software.
Whale Strategy is not responsible for detecting whether any trade is suitable, profitable, excessive, risky, unlawful or inconsistent with your expectations.
3.8 No Guarantee of Access to Any Market
Whale Strategy may support certain Exchanges, Assets, trading pairs or instruments from time to time. Support for any Exchange, Asset, market or feature may be added, modified, suspended or discontinued at any time.
Whale Strategy does not guarantee that any specific Exchange, Asset, market, trading pair, Algorithm, strategy or feature will remain available.
3.9 Third-Party Infrastructure
The Services may depend on third-party infrastructure, including Exchanges, brokers, data providers, cloud providers, internet service providers, payment processors, blockchain networks, wallet providers and API providers.
Whale Strategy is not responsible for failures, delays, outages, errors, omissions, insolvency, security breaches, sanctions restrictions, regulatory actions or other acts or omissions of such third parties.
4. ACCOUNT REGISTRATION AND SECURITY
4.1 Account Creation
To use certain Services, you may be required to create an Account and provide accurate, complete and current information.
You agree to keep all Account information up to date.
4.2 Account Responsibility
You are solely responsible for all activity occurring under your Account, whether authorized by you or not, unless caused solely by Whale Strategy’s intentional misconduct.
You must not allow any unauthorized person to access or use your Account.
4.3 Security Measures
You are responsible for maintaining appropriate security measures, including:
a. using strong passwords;b. enabling two-factor authentication where available;c. securing your devices;d. protecting your email account;e. monitoring Account activity;f. restricting API permissions;g. avoiding phishing websites and fraudulent links; andh. immediately notifying Whale Strategy of suspected unauthorized access.
4.4 Unauthorized Access
Whale Strategy is not liable for losses resulting from unauthorized access to your Account, device, email, Exchange Account, API Key or wallet, except to the extent caused by Whale Strategy’s intentional misconduct or liability that cannot be excluded by law.
4.5 Account Suspension for Security
Whale Strategy may suspend, restrict or disable access to your Account if we reasonably believe that:
a. your Account has been compromised;b. your API Keys may be exposed;c. your activity creates security risks;d. your use may violate law, sanctions or these Terms; ore. suspension is necessary to protect Whale Strategy, other users, Exchanges or third parties.
Whale Strategy has no liability for losses resulting from such suspension, including missed trading opportunities or inability to close, open, amend or cancel trades.
5. API CONNECTIONS AND EXCHANGE ACCOUNTS
5.1 Connecting an Exchange Account
To use trading features, you may need to connect your Exchange Account through API or other supported integration.
By connecting an Exchange Account, you represent and warrant that:
a. the Exchange Account belongs to you or you are legally authorized to use it;b. you are not connecting an account owned by a third party unless expressly permitted by Whale Strategy in writing;c. you have authority to grant API access;d. your use of the Exchange Account complies with the Exchange’s terms; ande. your use of Automated Trading is permitted by the Exchange and applicable law.
5.2 API Permissions
You are solely responsible for selecting, configuring and limiting API permissions.
You should not grant withdrawal permissions unless expressly required and clearly understood by you. Whale Strategy may recommend limited permissions, but you remain responsible for the final configuration.
5.3 API Risks
You acknowledge that API-based trading involves material risks, including:
a. API outage;b. API latency;c. API rate limits;d. API changes by Exchanges;e. authentication failure;f. order rejection;g. duplicate orders;h. delayed orders;i. failed cancellations;j. partial fills;k. incorrect balances;l. stale market data;m. synchronization errors;n. permission errors;o. unavailable trading pairs;p. maintenance downtime; andq. unexpected Exchange behavior.
Whale Strategy is not liable for any Trading Losses arising from API-related risks.
5.4 Exchange Terms Apply
Your use of any Exchange is governed by that Exchange’s own terms, rules, fees, policies, margin requirements, liquidation rules, KYC/AML procedures, trading limits and risk disclosures.
Whale Strategy is not a party to your agreement with any Exchange and has no responsibility for the Exchange’s acts or omissions.
5.5 No Control Over Execution
Whale Strategy does not control:
a. whether an order is accepted;b. whether an order is filled;c. execution price;d. execution speed;e. available liquidity;f. slippage;g. spreads;h. liquidation engine behavior;i. funding rates;j. margin requirements;k. order priority;l. market halts;m. delistings; orn. account restrictions imposed by an Exchange.
5.6 Exchange Failure
Whale Strategy is not liable for any loss caused by:
a. Exchange insolvency;b. Exchange bankruptcy;c. Exchange fraud;d. Exchange hacking;e. account freeze;f. withdrawal suspension;g. asset delisting;h. forced liquidation;i. forced conversion;j. market manipulation on an Exchange;k. inaccurate Exchange data;l. Exchange maintenance;m. regulatory action against an Exchange; orn. any other Exchange-related event.
5.7 Revocation of API Access
You may revoke API access at any time through your Exchange Account. Revoking API access may interrupt, disable or prevent Software functionality.
Whale Strategy is not responsible for any losses resulting from API revocation, expired keys, deleted keys, permission changes or failed reconnection.
5.8 No Obligation to Monitor Exchange Accounts
Whale Strategy has no obligation to monitor your Exchange Account, open positions, margin levels, liquidation risk, balances, trading history or account restrictions.
You are solely responsible for monitoring all trading activity and account status.
6. SUBSCRIPTIONS, LICENSE FEES AND PAYMENTS
6.1 Subscription Plans
The Software is provided under one or more subscription plans ("Plans"), each of which grants access to specific Software features, Algorithms, trading modules, analytics, APIs or other Services.
The Company may modify, replace, discontinue or introduce Plans at any time.
Unless otherwise stated, changes to subscription pricing shall apply only to future billing periods.
6.2 Subscription Fee
Access to certain Services requires payment of a recurring or one-time Subscription Fee.
The applicable Subscription Fee, billing period, renewal terms and available payment methods are displayed on the Website or within the Software.
Subscription Fees are payable in advance unless otherwise agreed.
6.3 Performance License Fee
Certain proprietary Algorithms may be subject to an additional Performance License Fee.
The Performance License Fee is a contractual software licensing fee charged for the right to use specific proprietary Algorithms developed or licensed by Whale Strategy.
The Performance License Fee:
is not an investment management fee;
is not a brokerage commission;
is not a fiduciary fee;
is not a portfolio management fee;
is not compensation for financial advice;
does not create any partnership, agency or profit-sharing relationship between the User and Whale Strategy.
6.4 Performance Fee Calculation
Where applicable, the Performance License Fee may be calculated as a percentage of positive trading performance generated through the use of designated Algorithms.
Unless otherwise agreed in writing:
Performance License Fee may equal up to thirty percent (30%) of qualifying positive trading performance.
The exact calculation methodology may vary depending on:
subscription plan;
selected Algorithm;
promotional offers;
custom agreements;
institutional arrangements;
affiliate programs.
The applicable calculation methodology shall be displayed within the Software or communicated before activation of the relevant Algorithm.
6.5 No Guarantee of Positive Performance
The existence of a Performance License Fee does not imply or represent that:
profits are expected;
profits are likely;
losses are limited;
any Algorithm is profitable;
Whale Strategy guarantees positive performance.
Performance License Fees become payable only if the agreed calculation conditions are satisfied.
6.6 Taxes
The User is solely responsible for determining, reporting and paying any taxes arising from:
subscription payments;
trading activity;
capital gains;
cryptocurrency transactions;
derivatives trading;
VAT;
GST;
withholding taxes;
income taxes;
any other applicable taxes.
Whale Strategy does not provide tax advice.
6.7 Payment Providers
Payments may be processed through independent third-party payment processors.
Whale Strategy is not responsible for:
payment processor downtime;
payment delays;
bank delays;
blockchain confirmation delays;
card issuer decisions;
payment reversals;
chargebacks;
currency conversion rates;
banking restrictions.
6.8 Failed Payments
If payment cannot be processed, Whale Strategy may:
suspend access;
terminate the subscription;
disable Algorithms;
restrict access to premium Services.
No liability shall arise from such suspension.
6.9 Refund Policy
Except where mandatory law requires otherwise:
Subscription Fees are non-refundable.
Performance License Fees are non-refundable.
No refund shall be due because:
trading losses occurred;
expected profits were not achieved;
market conditions changed;
the User decided not to continue using the Software;
the User misunderstood the functionality;
the User configured the Software incorrectly;
the User disconnected an Exchange;
an Exchange suspended trading.
Any refund granted by Whale Strategy shall be entirely discretionary unless otherwise required by applicable law.
7. USER RESPONSIBILITIES
7.1 Independent Decision Making
The User independently determines whether using the Software is appropriate.
All trading decisions remain exclusively those of the User.
7.2 Risk Parameters
The User alone selects:
trading capital;
Exchanges;
Assets;
Algorithms.
Whale Strategy does not select these parameters on behalf of the User.
7.3 Continuous Monitoring
The User understands that automated trading requires continuous supervision.
The User agrees to monitor:
account balances;
margin levels;
liquidation risk;
API status;
Exchange announcements;
software notifications.
Whale Strategy has no obligation to supervise trading activity.
7.4 Software Configuration
Before enabling any Algorithm, the User shall verify:
Exchange selection;
API permissions;
leverage;
position sizing;
trading symbols;
account type;
order parameters;
supported markets.
The User bears sole responsibility for incorrect configuration.
7.5 Compliance with Law
The User agrees to comply with all applicable laws relating to:
financial markets;
digital assets;
sanctions;
anti-money laundering;
taxation;
securities regulation;
export controls.
7.6 Prohibited Conduct
The User shall not:
use stolen accounts;
use stolen API keys;
attempt to reverse engineer the Software;
interfere with other Users;
upload malicious code;
circumvent security measures;
manipulate Software performance;
use the Services for unlawful purposes;
violate sanctions;
infringe intellectual property rights.
7.7 No Third-Party Asset Management
Unless expressly authorized in writing by Whale Strategy, the User may not use the Software:
to provide investment management services;
to operate managed accounts for third parties;
to provide brokerage services;
to provide discretionary portfolio management;
to provide regulated financial services requiring governmental authorization.
If Whale Strategy reasonably believes that the Software is being used for unauthorized third-party asset management, it may immediately suspend or terminate access without prior notice.
7.8 Duty to Stop Trading
If the User becomes aware of:
incorrect Software configuration;
compromised API credentials;
unauthorized account access;
Exchange malfunction;
abnormal market behavior;
significant execution errors;
the User shall immediately disable automated trading until the issue has been resolved.
Failure to do so shall remain solely the User's responsibility.
7.9 Copy Trading Restrictions
7.9.1 Authorized Use Only
The Software and the Algorithms are licensed solely for use through the official Whale Strategy platform.
The User shall not reproduce, redistribute, mirror, retransmit or otherwise replicate trading signals, trading instructions, order flow or trading decisions generated by the Software outside the Whale Strategy platform unless expressly authorized in writing by the Company.
7.9.2 Prohibited Copy Trading
The User shall not, directly or indirectly:
a. use any copy trading service, signal broadcasting service or social trading platform to duplicate, distribute or retransmit trades generated by Whale Strategy;
b. copy trades generated by Whale Strategy to accounts belonging to third parties;
c. operate any copy trading network based on Whale Strategy Algorithms;
d. retransmit Whale Strategy trading signals through software, APIs, bots, scripts or manual execution;
e. create commercial or non-commercial services based upon Whale Strategy trading activity without prior written authorization.
7.9.3 Protection of Algorithms
The User acknowledges that Whale Strategy Algorithms are designed and optimized based on proprietary execution logic, position sizing models, liquidity assumptions, execution timing and other confidential parameters.
Unauthorized copying or retransmission of trades may:
reduce execution quality;
negatively affect liquidity;
distort execution timing;
interfere with proprietary execution models;
adversely affect trading performance for other Users;
damage the integrity of the Algorithms;
impair Whale Strategy's intellectual property.
7.9.4 Material Breach
Any unauthorized copy trading, signal redistribution or replication of Whale Strategy trading activity constitutes a material breach of these Terms.
7.9.5 Remedies
If Whale Strategy reasonably determines that the User has engaged in unauthorized copy trading or signal redistribution, the Company may, without prior notice:
immediately suspend the User's Account;
permanently terminate the User's access to the Services;
revoke all Software licenses;
deny future registration;
refuse future subscriptions;
disable all Algorithms;
retain any unpaid Fees to the extent permitted by applicable law;
pursue any other legal or equitable remedies available under applicable law.
7.9.6 Permanent Ban
The User acknowledges and agrees that unauthorized copy trading or redistribution of Whale Strategy trading activity may result in the permanent and irreversible termination of the User's Account.
The Company reserves the right to permanently prohibit such User from creating or using any future Account, directly or indirectly, including through affiliated persons or entities.
7.9.7 Detection
To protect the integrity of the Software and the Algorithms, Whale Strategy may use automated and manual methods to detect unauthorized copying of trading activity, including statistical analysis of execution patterns, order timing, trade synchronization, API behavior and other technical indicators.
The User expressly consents to such monitoring for the sole purpose of protecting the Company's intellectual property and maintaining the proper operation of the Services.
8. RISK DISCLOSURE
8.1 General Acknowledgement
By using the Services, you expressly acknowledge and agree that trading financial instruments involves substantial financial risk.
You understand and accept that:
losses may occur rapidly;
losses may exceed expectations;
profits are never guaranteed;
past performance does not predict future performance;
market conditions may change without notice;
no Algorithm can eliminate investment risk.
You further acknowledge that you may lose part or all of your invested capital.
8.2 Independent Decision
All decisions to:
open a position;
close a position;
modify a position;
enable an Algorithm;
disable an Algorithm;
allocate capital;
use leverage;
choose Algorithm;
are made solely by you.
Whale Strategy neither makes nor approves these decisions.
8.3 Market Risk
Financial markets are volatile.
Prices may move rapidly due to:
supply and demand;
macroeconomic events;
political events;
military conflicts;
sanctions;
central bank actions;
regulatory announcements;
market sentiment;
large market participants;
technological events;
unexpected news.
Whale Strategy has no control over market movements.
8.4 Cryptocurrency Risks
Cryptocurrencies involve unique risks including:
extreme volatility;
insufficient liquidity;
blockchain failures;
consensus failures;
hard forks;
soft forks;
protocol upgrades;
network congestion;
validator failures;
mining attacks;
smart contract vulnerabilities;
stablecoin de-pegging;
token delisting;
token migration;
token inflation;
irreversible transactions;
wallet incompatibility;
protocol bugs.
8.5 Leverage Risk
Trading with leverage significantly increases risk.
Using leverage may result in:
accelerated losses;
forced liquidation;
margin calls;
negative balances where permitted by the Exchange;
complete loss of invested capital.
Whale Strategy does not recommend any leverage level.
8.6 Liquidity Risk
Orders may not execute because:
no buyers exist;
no sellers exist;
liquidity disappears;
spreads widen;
markets become illiquid.
The Company is not responsible for any resulting losses.
8.7 Slippage
Execution prices may differ from expected prices.
Slippage may occur due to:
volatility;
insufficient liquidity;
latency;
Exchange behavior;
order queue priority.
Whale Strategy has no control over execution prices.
8.8 Exchange Risks
Every Exchange operates independently.
The Company is not responsible for:
Exchange insolvency;
Exchange bankruptcy;
hacking;
fraud;
operational failures;
internal errors;
suspension of withdrawals;
suspension of deposits;
account freezes;
forced liquidations;
maintenance;
API modifications;
order rejection;
inaccurate balances;
incorrect market data;
regulatory intervention.
8.9 API Risks
Automated trading depends upon third-party APIs.
API connections may fail because of:
authentication failure;
rate limits;
maintenance;
software updates;
communication errors;
internet interruption;
server downtime;
cloud failures;
Exchange-side restrictions.
Whale Strategy does not guarantee uninterrupted API connectivity.
8.10 Internet Risks
Trading depends upon internet connectivity.
Interruptions may result from:
ISP failures;
routing failures;
DNS failures;
cloud outages;
power failures;
hardware failures;
software crashes;
mobile network interruption.
Whale Strategy is not responsible for any resulting Trading Losses.
8.11 Human Error
Trading losses may arise from mistakes including:
incorrect settings;
excessive leverage;
incorrect API permissions;
incorrect symbols;
incorrect order quantities;
accidental activation of Algorithms;
accidental disabling of risk controls.
Such mistakes remain solely the responsibility of the User.
8.12 Regulatory Risk
Governments may:
prohibit trading;
restrict exchanges;
ban certain Assets;
impose sanctions;
introduce taxes;
require additional reporting;
freeze accounts;
seize assets.
Whale Strategy has no responsibility for regulatory actions.
8.13 Unknown Risks
Digital assets and algorithmic trading are rapidly evolving industries.
Additional risks may exist that are:
currently unknown;
not reasonably foreseeable;
impossible to predict.
You accept all such risks.
8.14 Assumption of Risk
You voluntarily assume every risk associated with using the Software.
You acknowledge that no software can eliminate trading risk.
9. NO INVESTMENT ADVICE
9.1 Technology Provider Only
Whale Strategy develops software.
Nothing within the Services constitutes:
investment advice;
investment recommendations;
financial planning;
wealth management;
portfolio management;
tax advice;
accounting advice;
legal advice.
9.2 No Recommendation
Nothing published by Whale Strategy shall be interpreted as recommending that you:
buy;
sell;
hold;
short;
hedge;
close;
increase;
decrease;
any Asset.
9.3 No Suitability Assessment
Whale Strategy does not assess:
your financial condition;
your investment objectives;
your experience;
your risk tolerance;
your income;
your assets;
your liabilities.
The Software is not personalized.
9.4 No Fiduciary Duty
Whale Strategy owes no fiduciary duty.
The Company has no obligation to:
maximize your profit;
minimize your losses;
monitor your account;
warn you of losses;
stop trading on your behalf;
recommend changes.
9.5 Educational Information
Any:
blog posts;
articles;
webinars;
tutorials;
documentation;
videos;
examples;
demonstrations;
statistics;
backtests;
simulations;
case studies;
are provided solely for informational and educational purposes.
9.6 No Performance Representation
The Company makes no representation that:
any Algorithm is profitable;
any strategy is suitable;
any historical performance will repeat;
any backtest reflects future results.
10. DISCLAIMER OF WARRANTIES
10.1 "AS IS"
The Software is provided strictly on an "AS IS" and "AS AVAILABLE" basis.
10.2 No Warranty
To the maximum extent permitted by law, Whale Strategy disclaims all warranties including warranties of:
merchantability;
fitness for a particular purpose;
uninterrupted operation;
continuous availability;
compatibility;
accuracy;
completeness;
reliability;
profitability;
security;
non-infringement.
10.3 No Guarantee of Availability
Whale Strategy does not guarantee that the Services will always be:
available;
uninterrupted;
error-free;
latency-free;
secure;
compatible with every Exchange.
10.4 No Guarantee of Results
The Company does not guarantee:
profits;
positive returns;
preservation of capital;
successful execution of trades;
successful operation of Algorithms;
compatibility with future versions of Exchange APIs.
10.5 Beta Features
Experimental features may be provided from time to time.
Beta features:
may contain bugs;
may malfunction;
may be discontinued;
may produce unexpected results.
Use of Beta features is entirely voluntary and at your own risk.
10.6 Artificial Intelligence and Algorithmic Models
Where the Software incorporates artificial intelligence, machine learning models, statistical models or other automated decision-support technologies, such technologies are intended solely to assist the User in executing user-selected trading strategies.
The Company does not represent or warrant that any artificial intelligence model, statistical model or Algorithm will:
correctly predict market movements;
identify profitable trading opportunities;
avoid losses;
adapt successfully to changing market conditions; or
perform consistently over time.
AI-generated outputs, model predictions, optimization results and automated recommendations are probabilistic in nature and may be inaccurate, incomplete or unsuitable for a particular market environment.
The User remains solely responsible for evaluating and deciding whether to rely on any output generated by the Software.
11. LIMITATION OF LIABILITY
11.1 Scope of Limitation
To the maximum extent permitted by applicable law, Whale Strategy, its shareholders, directors, officers, employees, contractors, affiliates, licensors, partners and service providers shall not be liable for any loss, damage, liability, expense or claim arising directly or indirectly from the use of the Services.
This limitation applies regardless of whether the claim is based on contract, tort (including negligence), statute, strict liability or any other legal theory.
11.2 Trading Losses
The Company shall not be liable for any Trading Losses, including but not limited to:
loss of invested capital;
partial loss of capital;
total loss of capital;
unrealized losses;
realized losses;
missed trading opportunities;
reduction in portfolio value;
liquidation of positions;
forced liquidation;
margin calls;
adverse price movements;
loss resulting from leverage;
funding fees;
borrowing costs;
exchange fees;
transaction costs;
slippage;
spread widening;
delayed execution;
partial execution;
order rejection;
failed order cancellation;
failed order modification.
11.3 Exchange-Related Events
The Company shall not be liable for losses arising from any act or omission of an Exchange, broker, liquidity provider or trading venue, including:
insolvency;
bankruptcy;
fraud;
hacking;
theft;
internal misconduct;
system failures;
software bugs;
API failures;
suspension of trading;
suspension of withdrawals;
suspension of deposits;
account freezes;
liquidation engine malfunction;
delisting of assets;
forced conversion of assets;
maintenance;
regulatory intervention;
sanctions;
changes to trading rules.
11.4 Technical Events
The Company shall not be liable for losses resulting from:
internet interruptions;
telecommunications failures;
cloud provider outages;
DNS failures;
distributed denial-of-service (DDoS) attacks;
server failures;
hardware failures;
software defects;
operating system failures;
browser incompatibility;
mobile device failures;
blockchain congestion;
validator failures;
oracle failures;
synchronization failures;
database corruption;
cyberattacks;
malware;
ransomware;
phishing attacks;
unauthorized access to third-party systems.
11.5 User Errors
The Company shall not be responsible for losses resulting from User actions or omissions, including:
incorrect configuration of Algorithms;
excessive leverage;
incorrect position sizing;
incorrect stop-loss settings;
incorrect API permissions;
accidental deletion of API keys;
failure to monitor positions;
use of unsupported Exchanges;
use of compromised devices;
disclosure of passwords or API credentials;
failure to install software updates.
11.6 No Duty to Prevent Losses
The Company has no obligation to:
monitor your positions;
close losing positions;
suspend trading during volatility;
notify you of losses;
warn you of liquidation risk;
reduce your leverage;
protect your capital;
override your trading settings.
Failure by the Company to provide any notice, warning or recommendation shall not create liability.
11.7 Consequential Damages
Under no circumstances shall Whale Strategy be liable for:
loss of profits;
loss of anticipated profits;
loss of business;
loss of goodwill;
reputational damage;
business interruption;
loss of opportunity;
loss of revenue;
loss of data;
indirect damages;
incidental damages;
punitive damages;
exemplary damages;
consequential damages.
This exclusion applies even if the Company has been advised of the possibility of such damages.
11.8 Aggregate Liability
To the fullest extent permitted by law, the total aggregate liability of Whale Strategy arising out of or relating to the Services shall not exceed the total amount of Subscription Fees and Performance License Fees actually paid by the User to the Company during the twelve (12) months immediately preceding the event giving rise to the claim.
If the User has paid no fees, the Company's maximum aggregate liability shall be limited to USD 100 or the minimum amount permitted by applicable law, whichever is greater.
11.9 Exclusive Remedy
The remedies expressly provided in these Terms constitute the User's sole and exclusive remedies against Whale Strategy.
12. INDEMNIFICATION
12.1 User Indemnity
The User agrees to defend, indemnify and hold harmless Whale Strategy and its affiliates, officers, directors, employees, contractors, licensors and service providers from and against any and all claims, actions, proceedings, liabilities, damages, judgments, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to:
the User's use of the Services;
the User's trading activity;
the User's violation of these Terms;
the User's violation of applicable law;
the User's infringement of intellectual property rights;
claims brought by third parties in connection with the User's trading or investment activities.
12.2 Regulatory Claims
If any governmental authority, regulator, Exchange or third party asserts claims arising from the User's conduct, the User shall be solely responsible for responding to such claims and shall indemnify Whale Strategy against all resulting liabilities, except where caused solely by Whale Strategy's willful misconduct.
13. FORCE MAJEURE
13.1 Events Beyond Reasonable Control
Whale Strategy shall not be liable for any failure, delay or interruption in the performance of the Services caused by events beyond its reasonable control.
Such events include, without limitation:
war;
armed conflict;
terrorism;
civil unrest;
riots;
strikes;
labor disputes;
natural disasters;
earthquakes;
floods;
fires;
epidemics;
pandemics;
governmental actions;
sanctions;
export restrictions;
internet outages;
power failures;
cloud infrastructure failures;
Exchange failures;
blockchain failures;
cyberattacks;
widespread market disruption;
extraordinary market volatility;
acts of God.
13.2 Suspension During Force Majeure
During a Force Majeure Event, Whale Strategy may suspend or limit the availability of the Services without prior notice. Such suspension shall not constitute a breach of these Terms and shall not give rise to any right to compensation, refund or damages.
14. INTELLECTUAL PROPERTY
14.1 Ownership
All right, title and interest in and to the Software, Algorithms, source code, object code, databases, interfaces, documentation, trademarks, service marks, trade names, designs, graphics, models and other intellectual property are and shall remain the exclusive property of Whale Strategy or its licensors.
Nothing in these Terms transfers ownership of any intellectual property to the User.
14.2 License
Subject to these Terms and payment of applicable Fees, Whale Strategy grants the User a limited, personal, non-exclusive, non-transferable and revocable license to access and use the Software solely for the User's own internal trading purposes.
The User may not:
copy, reproduce or distribute the Software;
modify, adapt or create derivative works;
reverse engineer, decompile or disassemble the Software except where such restriction is prohibited by applicable law;
sublicense, rent, lease or resell the Software;
use the Software to provide competing services;
remove or alter copyright notices or proprietary markings.
14.3 Feedback
If the User submits suggestions, ideas, feature requests or other feedback regarding the Services, the User grants Whale Strategy a perpetual, irrevocable, worldwide, royalty-free license to use, modify and incorporate such feedback into the Services without compensation or attribution.
15. SUSPENSION AND TERMINATION
15.1 Right to Suspend
Whale Strategy may, at its sole discretion and without prior notice, temporarily suspend or permanently terminate access to all or part of the Services if the Company reasonably believes that:
a. the User has violated these Terms;
b. the User has violated applicable law;
c. the User has attempted to compromise the security or integrity of the Services;
d. the User has used the Services for fraudulent, abusive or unlawful purposes;
e. continued access creates legal, regulatory or security risks for Whale Strategy, other users or third parties;
f. the User is subject to sanctions or regulatory restrictions that prohibit the Company from providing the Services.
15.2 Effect of Suspension
During suspension the Company may:
disable Algorithms;
revoke API access;
suspend subscriptions;
disable premium functionality;
restrict login;
refuse future access.
The Company shall not be liable for Trading Losses, missed opportunities or other damages resulting from such suspension.
15.3 User Termination
The User may stop using the Services at any time by deleting the Account and disconnecting all Exchange Accounts.
Termination does not relieve the User from any obligation that accrued before termination, including payment of outstanding Fees.
15.4 Survival
The following provisions survive termination:
Fees;
Intellectual Property;
Risk Disclosure;
Limitation of Liability;
Indemnification;
Governing Law;
Dispute Resolution;
Confidentiality;
Miscellaneous.
16. SANCTIONS, AML AND COMPLIANCE
16.1 Compliance
The User represents that:
the User is not subject to sanctions imposed by any applicable governmental authority;
the User is not acting on behalf of a sanctioned person or entity;
the User is not using the Services to violate sanctions, anti-money laundering or anti-terrorist financing laws.
16.2 Right to Refuse Service
Whale Strategy may refuse, suspend or terminate Services where required to comply with:
sanctions laws;
AML regulations;
court orders;
governmental requests;
regulatory requirements;
compliance obligations.
No compensation shall be payable in connection with such actions.
17. CONFIDENTIALITY
The User shall not disclose any confidential information relating to the Software, Algorithms, technical documentation, pricing models, source code, internal architecture, security procedures or other proprietary information of Whale Strategy without prior written consent.
This obligation survives termination of these Terms.
18. DATA AND PRIVACY
Whale Strategy may process information necessary to provide the Services, including:
account information;
API configuration;
subscription information;
technical logs;
device information;
usage analytics.
The processing of personal data shall be governed by the Company's Privacy Policy.
Whale Strategy does not intentionally collect unnecessary personal information and does not monitor the User's trading decisions except to the extent technically necessary for providing the Services.
19. ELECTRONIC COMMUNICATIONS
The User agrees that:
all agreements may be concluded electronically;
notices may be provided through the Website, Software or email;
electronic acceptance has the same legal effect as a handwritten signature where permitted by applicable law.
20. MODIFICATIONS TO THE SERVICES
Whale Strategy may at any time:
modify Algorithms;
add or remove functionality;
discontinue features;
introduce new subscription plans;
change supported Exchanges;
discontinue support for particular APIs;
improve security mechanisms;
update Software architecture.
Nothing in these Terms guarantees perpetual availability of any specific Algorithm, Exchange integration or Software feature.
21. DISPUTE RESOLUTION
Before commencing legal proceedings, the User agrees to make reasonable efforts to resolve any dispute by submitting a written notice to Whale Strategy describing the dispute in sufficient detail.
The parties shall attempt in good faith to resolve the dispute through negotiations for a period of thirty (30) days before initiating court proceedings or arbitration, unless urgent injunctive relief is required.
22. GOVERNING LAW
These Terms shall be governed by the laws of the jurisdiction in which Whale Strategy is incorporated, without regard to conflict of laws principles.
Any dispute arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the competent courts or arbitration tribunal designated by Whale Strategy in its legal documentation, unless mandatory law provides otherwise.
23. MISCELLANEOUS
23.1 Entire Agreement
These Terms, together with the Privacy Policy and any additional documents expressly incorporated by reference, constitute the entire agreement between the parties concerning the Services.
23.2 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
23.3 Waiver
Failure by Whale Strategy to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
23.4 Assignment
The User may not assign or transfer any rights or obligations under these Terms without prior written consent.
Whale Strategy may assign these Terms in connection with a merger, acquisition, corporate restructuring, sale of assets or similar transaction.
23.5 No Third-Party Beneficiaries
Except as expressly stated, these Terms do not create rights in favor of any third party.
23.6 Language
If these Terms are translated into multiple languages, the English version shall prevail in the event of any inconsistency, unless mandatory law requires otherwise.
23.7 Contact Information
Questions regarding these Terms may be directed to:
Whale Strategy
Website: https://www.whalestrategy.ai
Email: support@whalestrategy.ai
24. NO RESPONSIBILITY FOR USER TRADING DECISIONS
Regardless of whether an Algorithm was developed by Whale Strategy, suggested by Whale Strategy, promoted by Whale Strategy, recommended within the Software, or selected by default within the Software, the User remains solely responsible for the decision to activate, continue using, suspend or disable such Algorithm.
The Company does not initiate trades on behalf of the User. Every order generated through the Software is executed solely because the User voluntarily enabled the relevant Algorithm and authorized API connectivity.
The User may disable any Algorithm at any time and therefore bears full responsibility for all trading activity occurring after activation.