User Service Agreement

Last Updated: December 2025

Overview

Welcome to the services provided by Whale (“Whale”, “we”, “us”)! Our services are intended solely for Whale enterprise customers or their authorised personnel (“you”). If you are not such a customer or authorised user, please discontinue use immediately.

Before accessing our products or services you must read and accept this User Service Agreement and our Privacy Policy. Clauses that materially affect your rights are highlighted in bold. By completing registration and/or using the services you acknowledge full acceptance of this Agreement, which becomes legally binding between you and Whale.

I. Definitions

1. “You” means the enterprise customer or its authorised personnel who has established a commercial relationship with Whale.
2. “Whale” means the legal entity providing the services (including but not limited to Hangzhou Whale Future Technology Co., Ltd. and Hangzhou Zuotoujing Technology Co., Ltd. and their affiliates).
3. “Services” means the composite IoT and analytics solutions offered under the Whale brand.

II. Account Registration & Management

1. You may register a service account free of charge. The right to use the account belongs exclusively to the customer or its authorised personnel and may not be transferred, sub-licensed or otherwise disposed of without Whale’s prior written consent.
2. If you choose third-party login, you consent to our retrieval of necessary information from that third party to create or map your account.
3. You alone are responsible for all activities conducted under your account credentials. Keep your password and any verification codes confidential and notify us immediately of any loss, theft or unauthorised disclosure.
4. Whale may refuse registration or suspend/terminate accounts that contain false, illegal or harmful information.
5. Any action taken through an authorised account is deemed to be your act and you bear the corresponding consequences.

III. Product Services & Enterprise Benefits

1. Product Services: Available via the Whale web site or client software; exact features depend on the enterprise benefits you have purchased.
2. Enterprise Benefits: Selected and paid for via order or contract. After payment Whale will activate the corresponding benefits. You may purchase additional capacity or modules at any time.
3. Invoicing: Electronic VAT invoices are issued automatically through “My Orders”; hard-copy invoices may be requested from our staff.
4. Whale continuously improves its services and may release upgrades or new versions that change or retire older functionality. Such changes will be announced in release notes or system messages.
5. Planned maintenance that may interrupt service will be announced in advance through service notifications or the channels agreed in your contract.
6. Upon termination of service Whale will permanently delete your data from its servers (subject to applicable law) and will not be obliged to return it. You are responsible for backing up any data you wish to retain.

IV. User Conduct

You agree to comply with all applicable laws and public-order requirements and not to use the services to create, copy, upload, transmit or store:

1. Content that:
   • violates the Constitution or basic legal principles;
   • endangers national security, leaks state secrets, subverts state power or undermines national unity;
   • damages national honour or interests;
   • incites ethnic hatred, discrimination or disrupts ethnic solidarity;
   • undermines state religious policies or promotes cults or feudal superstition;
   • spreads rumours, disturbs social order or destabilises society;
   • disseminates obscenity, pornography, gambling, violence, terror or incites crime;
   • insults or defames others or infringes any legitimate right of a third party;
   • incites illegal assembly, association, procession, demonstration or mass disruption; or
   • is otherwise prohibited by law or administrative regulation.
2. Any material that infringes reputation, portrait, IP or trade-secret rights.
3. Any other information that violates public order, social ethics or interferes with the normal operation of Whale or the legitimate rights of other users.

You further agree not to:

• access the services through any third-party software or device not developed or authorised by Whale;
• reverse-engineer, de-compile or disassemble any part of the services;
• impersonate any person or entity or otherwise mislead others as to your identity;
• introduce any viruses, Trojans or other harmful code; or
• use the services for any illegal purpose or in any way that breaches this Agreement or your commercial contract with Whale.

You are fully responsible for every act or omission under your registered account.

V. Personal Information Protection

Whale’s Privacy Policy explains how we collect, use and protect personal data. Please read it carefully; clauses that materially affect your rights appear in bold therein.

VI. Intellectual Property

1. You retain all rights to content you lawfully upload. You warrant that such content does not infringe any third-party rights or violate any law. Whale will not use your content except with your prior consent.
2. All rights in the services, software, documentation and Whale trademarks are owned by Whale or its licensors. You receive only the limited usage rights expressly granted herein.
3. You may not display or use the Whale logo or any confusingly similar mark without Whale’s prior written permission.

VII. Disclaimer

1. Whale provides the services in accordance with industry technical and security standards, but you understand that internet-based services are never completely free of faults or security risks (e.g., user error, network instability, malware). You alone are responsible for protecting your passwords and devices.
2. While Whale employs commercially reasonable security measures, it cannot guarantee absolute security.
3. Any decision made or risk incurred through your use of the services is your sole responsibility, including reliance on the accuracy, completeness or usefulness of any content.
4. Whale bears no liability for service interruptions caused by force-majeure events.
5. You acknowledge that Whale does not and cannot control the physical environments in which you choose to use the services (e.g., public venues) and that you alone must assess and accept any related security risks.

VIII. Notices

1. Whale may send you service-related notices (including rule changes) via in-app messages, e-mail, SMS or other agreed channels.
2. You must keep your contact details (e-mail, phone, address) accurate and promptly update them to ensure receipt of notices.
3. Contact us at hello@whale.im or through any other mutually agreed method.

IX. Miscellaneous

1. Whale may amend this Agreement at any time to reflect changes in law or policy. Updated terms will be posted online or notified to you; they become effective when published. Continued use of the services after any update constitutes acceptance of the revised terms.
2. If any clause is held invalid the remainder remain in force.
3. This Agreement is governed by the laws of the People’s Republic of China. Disputes shall be submitted to the competent court in Yuhang District, Hangzhou, Zhejiang Province.